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  • United States v. Crump, 4th Cir. (2002)

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit in the case of United States v. Norvell Webster Crump. The court dismissed Crump's appeal of the denial of his 28 U.S.C. § 2255 motion. Crump's case was referred to a magistrate judge who recommended relief be denied. Crump failed to file timely objections to the magistrate's recommendation, despite being warned this could waive his right to appellate review. By failing to object, Crump waived his right to appellate review of the substance of the magistrate's recommendation. Therefore, the court denied a certificate of appealability and dismissed the appeal.

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    Filed: 2002-06-06 Precedential Status: Non-Precedential Docket: 02-6272

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit in the case of United States v. Norvell Webster Crump. The court dismissed Crump's appeal of the denial of his 28 U.S.C. § 2255 motion. Crump's case was referred to a magistrate judge who recommended relief be denied. Crump failed to file timely objections to the magistrate's recommendation, despite being warned this could waive his right to appellate review. By failing to object, Crump waived his right to appellate review of the substance of the magistrate's recommendation. Therefore, the court denied a certificate of appealability and dismissed the appeal.

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    Public Domain
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    1 views2 pages

    United States v. Crump, 4th Cir. (2002)

    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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit in the case of United States v. Norvell Webster Crump. The court dismissed Crump's appeal of the denial of his 28 U.S.C. § 2255 motion. Crump's case was referred to a magistrate judge who recommended relief be denied. Crump failed to file timely objections to the magistrate's recommendation, despite being warned this could waive his right to appellate review. By failing to object, Crump waived his right to appellate review of the substance of the magistrate's recommendation. Therefore, the court denied a certificate of appealability and dismissed the appeal.

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    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 02-6272

    UNITED STATES OF AMERICA,


    Plaintiff - Appellee,
    versus
    NORVELL WEBSTER CRUMP,
    Defendant - Appellant.

    Appeal from the United States District Court for the Southern
    District of West Virginia, at Huntington. Robert J. Staker, Senior
    District Judge. (CR-94-101, CA-99-491)

    Submitted:

    May 30, 2002

    Decided:

    June 6, 2002

    Before WILKINS, TRAXLER, and GREGORY, Circuit Judges.

    Dismissed by unpublished per curiam opinion.


    Norvell Webster Crump, Appellant Pro Se. Michael Lee Keller, OFFICE
    OF THE UNITED STATES ATTORNEY, Charleston, West Virginia, for
    Appellee.

    Unpublished opinions are not binding precedent in this circuit.


    See Local Rule 36(c).

    PER CURIAM:
    Norvell Webster Crump seeks to appeal the district courts
    judgment order denying his motion filed under 28 U.S.C.A. 2255
    (West Supp. 2001). Crumps case was referred to a magistrate judge
    pursuant to 28 U.S.C. 636(b)(1)(B) (1994).

    The magistrate judge

    recommended relief be denied and advised Crump 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, Crump failed to object to the magistrate
    judges recommendation.

    The district court adopted the magistrate

    judges findings and recommendation.


    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.

    Wright v.

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

    to

    file

    Crump has waived appellate review by

    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

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