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    Winslow v. Angelone, 4th Cir. (1999)

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing Antonio Winslow's appeal of the district court's denial of his 28 U.S.C. § 2254 habeas corpus petition. Winslow's case was referred to a magistrate judge who recommended denying relief. Winslow failed to file specific objections to the magistrate's findings, despite being warned this was necessary to preserve appellate review. As Winslow waived appellate review by not objecting, the Fourth Circuit granted leave to proceed in forma pauperis but dismissed the appeal.

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    Winslow v. Angelone, 4th Cir. (1999)

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing Antonio Winslow's appeal of the district court's denial of his 28 U.S.C. § 2254 habeas corpus petition. Winslow's case was referred to a magistrate judge who recommended denying relief. Winslow failed to file specific objections to the magistrate's findings, despite being warned this was necessary to preserve appellate review. As Winslow waived appellate review by not objecting, the Fourth Circuit granted leave to proceed in forma pauperis but dismissed the appeal.

    Original Description:

    Filed: 1999-06-23 Precedential Status: Non-Precedential Docket: 99-6457

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing Antonio Winslow's appeal of the district court's denial of his 28 U.S.C. § 2254 habeas corpus petition. Winslow's case was referred to a magistrate judge who recommended denying relief. Winslow failed to file specific objections to the magistrate's findings, despite being warned this was necessary to preserve appellate review. As Winslow waived appellate review by not objecting, the Fourth Circuit granted leave to proceed in forma pauperis but dismissed the appeal.

    Copyright:

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

    Winslow v. Angelone, 4th Cir. (1999)

    Uploaded by

    Scribd Government Docs
    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing Antonio Winslow's appeal of the district court's denial of his 28 U.S.C. § 2254 habeas corpus petition. Winslow's case was referred to a magistrate judge who recommended denying relief. Winslow failed to file specific objections to the magistrate's findings, despite being warned this was necessary to preserve appellate review. As Winslow waived appellate review by not objecting, the Fourth Circuit granted leave to proceed in forma pauperis but dismissed the appeal.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 99-6457

    ANTONIO DOUGLAS WINSLOW,


    Petitioner - Appellant,
    versus
    RONALD J. ANGELONE, Director, Virginia Department of Corrections,
    Respondent - Appellee.

    Appeal from the United States District Court for the Eastern District of Virginia, at Norfolk. Raymond A. Jackson, District Judge.
    (CA-98-905-2)

    Submitted:

    June 17, 1999

    Decided:

    June 23, 1999

    Before MURNAGHAN and TRAXLER, Circuit Judges, and BUTZNER, Senior


    Circuit Judge.

    Dismissed by unpublished per curiam opinion.


    Antonio Douglas Winslow, Appellant Pro Se. Richard Bain Smith, Assistant Attorney General, Richmond, Virginia, for Appellee.

    Unpublished opinions are not binding precedent in this circuit.


    See Local Rule 36(c).

    PER CURIAM:
    Antonio Winslow appeals the district courts order denying his
    28 U.S.C.A. 2254 (West Supp. 1999) petition.

    Winslows 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 Winslow 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, Winslow
    failed to file specific objections to the magistrate judges
    findings.
    The timely filing of 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.
    Collins, 766 F.2d 841, 845-46 (4th Cir. 1985).
    Thomas v. Arn, 474 U.S. 140 (1985).

    See Wright v.
    See generally

    Winslow has waived appellate

    review by failing to file specific objections after receiving


    proper notice. Accordingly, we grant leave to proceed on appeal in
    forma pauperis, but 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

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