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  • Trower v. Johnson, 4th Cir. (2004)

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit in the case of James Cornell Trower v. Gene M. Johnson, Director of the Virginia Department of Corrections. The district court had dismissed Trower's habeas corpus petition. Trower sought to appeal but failed to file objections to the magistrate judge's recommendations, despite being warned that this would waive his right to appellate review. As a result, the Fourth Circuit denies Trower's request for a certificate of appealability and dismisses his appeal.

    Original Description:

    Filed: 2004-04-08 Precedential Status: Non-Precedential Docket: 03-7726

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit in the case of James Cornell Trower v. Gene M. Johnson, Director of the Virginia Department of Corrections. The district court had dismissed Trower's habeas corpus petition. Trower sought to appeal but failed to file objections to the magistrate judge's recommendations, despite being warned that this would waive his right to appellate review. As a result, the Fourth Circuit denies Trower's request for a certificate of appealability and dismisses his appeal.

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    Public Domain
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    4 views2 pages

    Trower v. Johnson, 4th Cir. (2004)

    Uploaded by

    Scribd Government Docs
    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit in the case of James Cornell Trower v. Gene M. Johnson, Director of the Virginia Department of Corrections. The district court had dismissed Trower's habeas corpus petition. Trower sought to appeal but failed to file objections to the magistrate judge's recommendations, despite being warned that this would waive his right to appellate review. As a result, the Fourth Circuit denies Trower's request for a certificate of appealability and dismisses his appeal.

    Copyright:

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 03-7726

    JAMES CORNELL TROWER,


    Petitioner - Appellant,
    versus
    GENE M. JOHNSON, Director
    Department of Corrections,

    of

    the

    Virginia
    Respondent - Appellee.

    Appeal from the United States District Court for the Eastern
    District of Virginia, at Norfolk. Rebecca Beach Smith, District
    Judge. (CA-03-32-2)

    Submitted:

    March 10, 2004

    Decided:

    April 8, 2004

    Before LUTTIG, KING, and DUNCAN, Circuit Judges.

    Dismissed by unpublished per curiam opinion.

    James Cornell Trower, Appellant Pro Se. Donald Eldridge Jeffrey,


    III, OFFICE OF THE ATTORNEY GENERAL OF VIRGINIA, Richmond,
    Virginia, for Appellee.

    Unpublished opinions are not binding precedent in this circuit.


    See Local Rule 36(c).

    PER CURIAM:
    James Cornell Trower seeks to appeal the district courts
    order dismissing his petition filed under 28 U.S.C. 2254 (2000).
    The

    district

    court

    referred

    this

    case

    to

    pursuant to 28 U.S.C. 636(b)(1)(B) (2000).

    magistrate

    judge

    The magistrate judge

    recommended that relief be denied and advised Trower that failure


    to file timely objections to this recommendation could waive
    appellate

    review

    recommendation.

    of

    district

    court

    order

    based

    upon

    the

    Despite this warning, Trower failed to object to

    the magistrate judges recommendation.


    The timely filing of specific objections to a magistrate
    judges 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.

    See

    Wright v. Collins, 766 F.2d 841, 845-46 (4th Cir. 1985); see also
    Thomas v. Arn, 474 U.S. 140 (1985).

    Trower has waived appellate

    review by failing to file objections after receiving proper notice.


    Accordingly, we deny a certificate of appealability 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

    - 2 -

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