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James E. Chambers v. State of South Carolina T. Travis Medlock, Attorney General of The State of South Carolina, 62 F.3d 1414, 4th Cir. (1995)

This document is a court case from the United States Court of Appeals for the Fourth Circuit. It summarizes that James E. Chambers filed a petition under 28 U.S.C. Sec. 2254 seeking to appeal the district court's dismissal of his habeas corpus petition. Chambers' case was referred to a magistrate judge who recommended denying relief. Chambers failed to file objections to the magistrate's recommendation, so he waived his right to appellate review under the rules of the Fourth Circuit. Therefore, the appeals court denied Chambers' request for a certificate of probable cause and dismissed his appeal.

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41 views2 pages

James E. Chambers v. State of South Carolina T. Travis Medlock, Attorney General of The State of South Carolina, 62 F.3d 1414, 4th Cir. (1995)

This document is a court case from the United States Court of Appeals for the Fourth Circuit. It summarizes that James E. Chambers filed a petition under 28 U.S.C. Sec. 2254 seeking to appeal the district court's dismissal of his habeas corpus petition. Chambers' case was referred to a magistrate judge who recommended denying relief. Chambers failed to file objections to the magistrate's recommendation, so he waived his right to appellate review under the rules of the Fourth Circuit. Therefore, the appeals court denied Chambers' request for a certificate of probable cause and dismissed his appeal.

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62 F.

3d 1414

NOTICE: Fourth Circuit Local Rule 36(c) 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of unpublished dispositions is disfavored except for establishing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service of copies of cited unpublished dispositions of the Fourth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.
James E. CHAMBERS, Petitioner-Appellant,
v.
STATE of South Carolina; T. Travis Medlock, Attorney
General of the State of South Carolina,
Respondents-Appellees.
No. 95-6463.

United States Court of Appeals, Fourth Circuit.


Submitted: July 25, 1995.
Decided: Aug. 10, 1995.

James E. Chambers, Appellant Pro Se.


Donald John Zelenka, Chief Deputy Attorney General, Columbia, SC, for
Appellees.
Before WILKINS, NIEMEYER, and MICHAEL, Circuit Judges.
PER CURIAM:

Appellant seeks to appeal the district court's order dismissing his 28 U.S.C.
Sec. 2254 (1988) petition. Appellant's case was referred to a magistrate judge
pursuant to 28 U.S.C. Sec. 636(b)(1)(B) (1988). 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 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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