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    Robinson v. State of SC, 4th Cir. (1996)

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from a district court order. The district court had dismissed the appellant's habeas corpus petition, which was referred to a magistrate judge. The magistrate judge recommended denying relief and warned that failure to object to the recommendation could waive appellate review, but the appellant failed to object. As such, the appeals court found that the appellant waived appellate review and dismissed the appeal.

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    Robinson v. State of SC, 4th Cir. (1996)

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from a district court order. The district court had dismissed the appellant's habeas corpus petition, which was referred to a magistrate judge. The magistrate judge recommended denying relief and warned that failure to object to the recommendation could waive appellate review, but the appellant failed to object. As such, the appeals court found that the appellant waived appellate review and dismissed the appeal.

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    Filed: 1996-10-01 Precedential Status: Non-Precedential Docket: 96-6527

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from a district court order. The district court had dismissed the appellant's habeas corpus petition, which was referred to a magistrate judge. The magistrate judge recommended denying relief and warned that failure to object to the recommendation could waive appellate review, but the appellant failed to object. As such, the appeals court found that the appellant waived appellate review and dismissed the appeal.

    Copyright:

    Public Domain
    Download as PDF or read online from Scribd
    Download as pdf
    10 views2 pages

    Robinson v. State of SC, 4th Cir. (1996)

    Uploaded by

    Scribd Government Docs
    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from a district court order. The district court had dismissed the appellant's habeas corpus petition, which was referred to a magistrate judge. The magistrate judge recommended denying relief and warned that failure to object to the recommendation could waive appellate review, but the appellant failed to object. As such, the appeals court found that the appellant waived appellate review and dismissed the appeal.

    Copyright:

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    Download as PDF or read online from Scribd
    Download as pdf
    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 96-6527

    JOHN C. ROBINSON,
    Petitioner - Appellant,
    versus
    STATE OF SOUTH CAROLINA; CHARLES MOLONY
    CONDON, Attorney General of the State of South
    Carolina,
    Respondents - Appellees.

    Appeal from the United States District Court for the District of
    South Carolina, at Rock Hill. Dennis W. Shedd, District Judge.
    (CA-96-175-0-17BD)
    Submitted:

    September 20, 1996

    Decided:

    October 1, 1996

    Before NIEMEYER, HAMILTON, and MOTZ, Circuit Judges.


    Dismissed by unpublished per curiam opinion.
    John C. Robinson, Appellant Pro Se.
    Unpublished opinions are not binding precedent in this circuit.
    See Local Rule 36(c).

    PER CURIAM:
    Appellant seeks to appeal the district court's order dismissing his petition filed pursuant to 28 U.S.C. 2254 (1994), as
    amended by Antiterrorism and Effective Death Penalty Act of 1996,
    Pub. L. No. 104-132, 110 Stat. 1214. Appellant's case was referred
    to a magistrate judge pursuant to 28 U.S.C. 636(b)(1)(B) (1994).
    The magistrate judge recommended that relief be denied and advised
    Appellant 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, Appellant failed to
    object to the magistrate judge's recommendation.
    The timely filing of 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
    that failure to object will waive appellate review. Wright v.
    Collins, 766 F.2d 841, 845-46 (4th Cir. 1985). See generally Thomas
    v. Arn, 474 U.S. 140 (1985). Appellant has waived appellate review
    by failing to file objections after receiving proper notice. We
    accordingly deny a certificate of probable cause to appeal; to the
    extent a certificate of appealability is required, we deny that as
    well. Consequently, we 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
    2

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