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    Robert Koon v. State of South Carolina, 978 F.2d 1255, 4th Cir. (1992)

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    Robert Koon appealed a district court's dismissal of his habeas corpus petition. A magistrate judge had recommended denying relief and warned that failing to object to the recommendation could waive appellate review. However, Koon did not file any objections. The Fourth Circuit dismissed the appeal, as timely objections are necessary to preserve appellate review, and Koon waived his right to appeal by not objecting after receiving proper notice of the consequences.

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    Robert Koon v. State of South Carolina, 978 F.2d 1255, 4th Cir. (1992)

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    Robert Koon appealed a district court's dismissal of his habeas corpus petition. A magistrate judge had recommended denying relief and warned that failing to object to the recommendation could waive appellate review. However, Koon did not file any objections. The Fourth Circuit dismissed the appeal, as timely objections are necessary to preserve appellate review, and Koon waived his right to appeal by not objecting after receiving proper notice of the consequences.

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    Filed: 1992-11-13 Precedential Status: Non-Precedential Citations: 978 F.2d 1255 Docket: 92-6934

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    Robert Koon appealed a district court's dismissal of his habeas corpus petition. A magistrate judge had recommended denying relief and warned that failing to object to the recommendation could waive appellate review. However, Koon did not file any objections. The Fourth Circuit dismissed the appeal, as timely objections are necessary to preserve appellate review, and Koon waived his right to appeal by not objecting after receiving proper notice of the consequences.

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    8 views2 pages

    Robert Koon v. State of South Carolina, 978 F.2d 1255, 4th Cir. (1992)

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    Robert Koon appealed a district court's dismissal of his habeas corpus petition. A magistrate judge had recommended denying relief and warned that failing to object to the recommendation could waive appellate review. However, Koon did not file any objections. The Fourth Circuit dismissed the appeal, as timely objections are necessary to preserve appellate review, and Koon waived his right to appeal by not objecting after receiving proper notice of the consequences.

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    of 2

    978 F.

    2d 1255

    NOTICE: Fourth Circuit I.O.P. 36.6 states that citation of


    unpublished dispositions is disfavored except for establishing
    res judicata, estoppel, or the law of the case and requires
    service of copies of cited unpublished dispositions of the Fourth
    Circuit.
    Robert KOON, Petitioner-Appellant,
    v.
    STATE of South Carolina, Respondent-Appellee.
    No. 92-6934.

    United States Court of Appeals,


    Fourth Circuit.
    Submitted: October 26, 1992
    Decided: November 13, 1992

    Appeal from the United States District Court for the District of South
    Carolina, at Columbia. C. Weston Houck, District Judge. (CA-91-3324-32K)
    Robert Koon, Appellant Pro Se.
    Thomas Travis Medlock, Attorney General, Columbia, South Carolina,
    for Appellee.
    D.S.C.
    Dismissed.
    Before ERVIN, Chief Judge, and RUSSELL and WIDENER, Circuit
    Judges.
    PER CURIAM:

    OPINION
    1

    Robert Koon seeks to appeal the district court's order dismissing this action

    Robert Koon seeks to appeal the district court's order dismissing this action
    brought under 28 U.S.C. 2254 (1988). Petitioner's case was referred to a
    magistrate judge pursuant to 28 U.S.C. 636(b)(1)(B) (1988). The magistrate
    judge recommended that relief be denied and advised Petitioner that the failure
    to file timely objections to this recommendation could waive appellate review
    of a district court order based upon the recommendation. Despite this warning,
    Petitioner 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
    where the parties have been warned that failure to object will waive appellate
    review. See Wright v. Collins, 766 F.2d 841, 845-46 (4th Cir. 1985); United
    States v. Schronce, 727 F.2d 91, 93-94 (4th Cir.), cert. denied, 467 U.S. 1208
    (1984); see also Thomas v. Arn, 474 U.S. 140 (1985). Petitioner has waived
    appellate review by failing to file objections after receiving proper notice. We
    accordingly deny a certificate of probable cause to appeal and dismiss the
    appeal. We also deny Koon's motion for oral argument and 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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