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    Long v. Ozmint, 4th Cir. (2007)

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    The United States Court of Appeals for the Fourth Circuit dismissed Jerome Long's appeal of the district court's denial of his 28 U.S.C. § 2254 petition for habeas corpus relief. The district court had referred the case to a magistrate judge, who recommended denying relief and warned Long that failing to file timely objections could waive his right to appeal. However, Long did not file any objections, so the appeals court found that he had waived his right to appellate review. Therefore, the court denied a certificate of appealability and dismissed the appeal without oral argument.

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    Long v. Ozmint, 4th Cir. (2007)

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    The United States Court of Appeals for the Fourth Circuit dismissed Jerome Long's appeal of the district court's denial of his 28 U.S.C. § 2254 petition for habeas corpus relief. The district court had referred the case to a magistrate judge, who recommended denying relief and warned Long that failing to file timely objections could waive his right to appeal. However, Long did not file any objections, so the appeals court found that he had waived his right to appellate review. Therefore, the court denied a certificate of appealability and dismissed the appeal without oral argument.

    Original Description:

    Filed: 2007-06-27 Precedential Status: Non-Precedential Docket: 07-6070

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    The United States Court of Appeals for the Fourth Circuit dismissed Jerome Long's appeal of the district court's denial of his 28 U.S.C. § 2254 petition for habeas corpus relief. The district court had referred the case to a magistrate judge, who recommended denying relief and warned Long that failing to file timely objections could waive his right to appeal. However, Long did not file any objections, so the appeals court found that he had waived his right to appellate review. Therefore, the court denied a certificate of appealability and dismissed the appeal without oral argument.

    Copyright:

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    4 views2 pages

    Long v. Ozmint, 4th Cir. (2007)

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    Scribd Government Docs
    The United States Court of Appeals for the Fourth Circuit dismissed Jerome Long's appeal of the district court's denial of his 28 U.S.C. § 2254 petition for habeas corpus relief. The district court had referred the case to a magistrate judge, who recommended denying relief and warned Long that failing to file timely objections could waive his right to appeal. However, Long did not file any objections, so the appeals court found that he had waived his right to appellate review. Therefore, the court denied a certificate of appealability and dismissed the appeal without oral argument.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 07-6070

    JEROME LONG,
    Petitioner - Appellant,
    versus
    JON OZMINT, Director; HENRY MCMASTER, Attorney
    General;
    WARDEN,
    Perry
    Correctional
    Institution,
    Respondents - Appellees.

    Appeal from the United States District Court for the District of
    South Carolina, at Greenville. Henry F. Floyd, District Judge.
    (6:06-cv-00449-HFF)

    Submitted: June 21, 2007

    Decided:

    June 27, 2007

    Before NIEMEYER, WILLIAMS, and SHEDD, Circuit Judges.

    Dismissed by unpublished per curiam opinion.

    Jerome Long, Appellant Pro Se. Donald John Zelenka, OFFICE OF THE
    ATTORNEY GENERAL OF SOUTH CAROLINA, Columbia, South Carolina, for
    Appellees.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Jerome Long seeks to appeal the district courts order
    denying relief on his 28 U.S.C. 2254 (2000) petition.

    The

    district court referred this case to a magistrate judge pursuant to


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

    The magistrate judge recommended

    that relief be denied and advised Long 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, Long failed to object to the grounds upon which the
    magistrate judge recommended denying relief.
    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 of the consequences of noncompliance.

    Wright v. Collins,

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

    Long has waived appellate review by failing to

    timely file specific 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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