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    Paul Marcus Rogers v. State of South Carolina T. Travis Medlock, 7 F.3d 225, 4th Cir. (1993)

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    This document summarizes a court case from the United States Court of Appeals for the Fourth Circuit regarding a petitioner's appeal of the dismissal of their habeas corpus petition. The magistrate judge recommended denying relief to the petitioner and warned that failure to object to the recommendation could waive appellate review, but the petitioner failed to object. As the petitioner did not preserve their right to appellate review by timely filing objections after receiving proper notice, the appeals court dismisses the appeal.

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    Paul Marcus Rogers v. State of South Carolina T. Travis Medlock, 7 F.3d 225, 4th Cir. (1993)

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    This document summarizes a court case from the United States Court of Appeals for the Fourth Circuit regarding a petitioner's appeal of the dismissal of their habeas corpus petition. The magistrate judge recommended denying relief to the petitioner and warned that failure to object to the recommendation could waive appellate review, but the petitioner failed to object. As the petitioner did not preserve their right to appellate review by timely filing objections after receiving proper notice, the appeals court dismisses the appeal.

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    Filed: 1993-09-17 Precedential Status: Non-Precedential Citations: 7 F.3d 225 Docket: 93-6584

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    This document summarizes a court case from the United States Court of Appeals for the Fourth Circuit regarding a petitioner's appeal of the dismissal of their habeas corpus petition. The magistrate judge recommended denying relief to the petitioner and warned that failure to object to the recommendation could waive appellate review, but the petitioner failed to object. As the petitioner did not preserve their right to appellate review by timely filing objections after receiving proper notice, the appeals court dismisses the appeal.

    Copyright:

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

    Paul Marcus Rogers v. State of South Carolina T. Travis Medlock, 7 F.3d 225, 4th Cir. (1993)

    Uploaded by

    Scribd Government Docs
    This document summarizes a court case from the United States Court of Appeals for the Fourth Circuit regarding a petitioner's appeal of the dismissal of their habeas corpus petition. The magistrate judge recommended denying relief to the petitioner and warned that failure to object to the recommendation could waive appellate review, but the petitioner failed to object. As the petitioner did not preserve their right to appellate review by timely filing objections after receiving proper notice, the appeals court dismisses the appeal.

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    of 2

    7 F.

    3d 225

    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.
    Paul Marcus ROGERS, Petitioner-Appellant,
    v.
    STATE of SOUTH CAROLINA; T. Travis Medlock,
    Respondents-Appellees.
    No. 93-6584.

    United States Court of Appeals,


    Fourth Circuit.
    Submitted: August 20, 1993.
    Decided: September 17, 1993.

    Appeal from the United States District Court for the District of South
    Carolina, at Columbia. Charles E. Simons, Jr., Senior District Judge. (CA92-2619-3-6AJ)
    Paul Marcus Rogers, Appellant Pro Se.
    Donald John Zelenka, Chief Deputy Attorney General, Columbia, South
    Carolina, for Appellees.
    D.S.C.
    DISMISSED.
    Before WILKINS and LUTTIG, Circuit Judges, and BUTZNER, Senior
    Circuit Judge.
    OPINION
    PER CURIAM:

    Paul Marcus Rogers seeks to appeal the district court's order dismissing his 28
    U.S.C. 2254 (1988) petition. Appellant's case was referred to a magistrate
    judge pursuant to 28 U.S.C.s 636(b)(1)(B) (1988). The magistrate judge
    recommended that relief be denied and advised Appellant 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,
    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 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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