UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 08-7027
CORREY SHAVANTE J. DAVID,
Petitioner - Appellant,
v.
GENE M. JOHNSON, Director, Virginia Department of
Corrections,
Respondent - Appellee.
Appeal from the United States District Court for the Eastern
District of Virginia, at Norfolk. Raymond A. Jackson, District
Judge. (2:07-cv-00396-RAJ-JEB)
Submitted: October 21, 2008 Decided: October 28, 2008
Before MICHAEL, TRAXLER, and DUNCAN, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Correy Shavante J. David, Appellant Pro Se. James Robert
Bryden, II, OFFICE OF THE ATTORNEY GENERAL OF VIRGINIA,
Richmond, Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Correy Shavante J. David seeks to appeal the district
court’s order denying relief on his 28 U.S.C. § 2254 (2000)
petition. 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
David that failure to file timely objections to this
recommendation could waive appellate review of a district court
order based upon the recommendation. Despite this warning,
David failed to object to the magistrate judge’s recommendation.
The timely filing of specific objections to a
magistrate judge’s recommendation is necessary to preserve
appellate review of the substance of that recommendation when
the parties have been warned of the consequences of
noncompliance. Wright v. Collins, 766 F.2d 841, 845-46 (4th
Cir. 1985); see also Thomas v. Arn, 474 U.S. 140 (1985). David
has waived appellate review by failing to timely file specific
objections after receiving proper notice. Accordingly, we deny
a certificate of appealability, deny David’s application to
proceed in forma pauperis, and dismiss the appeal.
We dispense with oral argument because the facts and
legal contentions are adequately presented in the materials
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before the court and argument would not aid the decisional
process.
DISMISSED
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