Camm v. Johnson

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 03-7148
BENJAMIN L. CAMM,
Petitioner - Appellant,
versus
GENE M. JOHNSON, Director of the Virginia
Department of Corrections,
Respondent - Appellee.
Appeal from the United States District Court for the Eastern
District of Virginia, at Norfolk. Jerome B. Friedman, District
Judge. (CA-02-826-2)
Submitted: December 17, 2003 Decided: July 27, 2004
Before LUTTIG and KING, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Dismissed by unpublished per curiam opinion.
Benjamin L. Camm, Appellant Pro Se. Virginia Bidwell Theisen,
OFFICE OF THE ATTORNEY GENERAL OF VIRGINIA, Richmond, Virginia, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Benjamin L. Camm, a Virginia inmate, seeks to appeal the
district court’s order dismissing his petition filed under 28
U.S.C. § 2254 (2000). The district court referred this case to a
magistrate judge pursuant to 28 U.S.C. § 636(b)(1)(B) (2000). The
magistrate judge recommended that relief be denied and advised Camm
that failure to file timely objections to the recommendation would
waive appellate review of an order based upon the recommendation.
Despite this warning, Camm failed to object to the magistrate
judge’s recommendation.
The failure to file timely objections to a magistrate
judge’s report and recommendation waives the right to appellate
review. Page v. Lee, 337 F.3d 411, 416 n.3 (4th Cir. 2003). Camm
has waived appellate review by failing to file objections after
receiving proper notice. Accordingly, we deny a certificate of
appealability and dismiss the appeal.
We dispense with oral argument because the facts and
legal contentions are adequately presented in the materials before
the court and argument would not aid the decisional process.
DISMISSED
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