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  • United States v. Enigwe, 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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from Ifedoo Noble Enigwe. The district court had denied Enigwe's motion for return of property. Enigwe failed to file objections to the magistrate judge's recommendation that relief be denied, despite being warned that this would waive his right to appellate review. As Enigwe did not preserve his right to appeal by filing objections, the Fourth Circuit dismisses his appeal.

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    Filed: 1999-09-14 Precedential Status: Non-Precedential Docket: 99-6564

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from Ifedoo Noble Enigwe. The district court had denied Enigwe's motion for return of property. Enigwe failed to file objections to the magistrate judge's recommendation that relief be denied, despite being warned that this would waive his right to appellate review. As Enigwe did not preserve his right to appeal by filing objections, the Fourth Circuit dismisses his appeal.

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    12 views2 pages

    United States v. Enigwe, 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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from Ifedoo Noble Enigwe. The district court had denied Enigwe's motion for return of property. Enigwe failed to file objections to the magistrate judge's recommendation that relief be denied, despite being warned that this would waive his right to appellate review. As Enigwe did not preserve his right to appeal by filing objections, the Fourth Circuit dismisses his appeal.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 99-6564

    UNITED STATES OF AMERICA,


    Plaintiff - Appellee,
    versus
    VINCENT ANYAOGU OKOROAFOR,
    Defendant.
    IFEDOO NOBLE ENIGWE,
    Movant - Appellant.

    Appeal from the United States District Court for the District of
    South Carolina, at Greenville. G. Ross Anderson, Jr., District
    Judge. (CR-92-375)

    Submitted:

    September 9, 1999

    Decided:

    September 14, 1999

    Before ERVIN, WILKINS, and HAMILTON, Circuit Judges.

    Dismissed by unpublished per curiam opinion.


    Ifedoo Noble Enigwe, Appellant Pro Se. Marvin Jennings Caughman,
    Assistant United States Attorney, Columbia, South Carolina, for
    Appellee.

    Unpublished opinions are not binding precedent in this circuit.


    See Local Rule 36(c).

    PER CURIAM:
    Ifedoo Noble Enigwe appeals the district courts order denying
    a motion for return of property.

    Enigwes 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


    Enigwe 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, Enigwe failed to

    object to the magistrate judges 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.

    See Wright v.

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

    Thus, assuming without deciding that

    Enigwe has standing to appeal and has timely filed a notice of


    appeal, Enigwe has waived appellate review by failing to file
    objections after receiving proper notice. Accordingly, we deny the
    motion for leave to proceed in forma pauperis 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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