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    United States v. Brown, 4th Cir. (2010)

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    This document summarizes a court case from the United States Court of Appeals for the Fourth Circuit. The court dismissed an appeal from Wilbert Herman Brown, who sought to appeal the district court's denial of his 28 U.S.C. § 2255 motion. The district court had referred the case to a magistrate judge, who recommended denying relief. Brown failed to file a timely objection to the magistrate's recommendation, despite being warned that this was necessary to preserve his appellate rights. As a result, the appeals court found that Brown waived his right to appellate review and dismissed the appeal.

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    United States v. Brown, 4th Cir. (2010)

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    This document summarizes a court case from the United States Court of Appeals for the Fourth Circuit. The court dismissed an appeal from Wilbert Herman Brown, who sought to appeal the district court's denial of his 28 U.S.C. § 2255 motion. The district court had referred the case to a magistrate judge, who recommended denying relief. Brown failed to file a timely objection to the magistrate's recommendation, despite being warned that this was necessary to preserve his appellate rights. As a result, the appeals court found that Brown waived his right to appellate review and dismissed the appeal.

    Original Description:

    Filed: 2010-04-07 Precedential Status: Non-Precedential Docket: 09-7392

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    This document summarizes a court case from the United States Court of Appeals for the Fourth Circuit. The court dismissed an appeal from Wilbert Herman Brown, who sought to appeal the district court's denial of his 28 U.S.C. § 2255 motion. The district court had referred the case to a magistrate judge, who recommended denying relief. Brown failed to file a timely objection to the magistrate's recommendation, despite being warned that this was necessary to preserve his appellate rights. As a result, the appeals court found that Brown waived his right to appellate review and dismissed the appeal.

    Copyright:

    Public Domain
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    8 views3 pages

    United States v. Brown, 4th Cir. (2010)

    Uploaded by

    Scribd Government Docs
    This document summarizes a court case from the United States Court of Appeals for the Fourth Circuit. The court dismissed an appeal from Wilbert Herman Brown, who sought to appeal the district court's denial of his 28 U.S.C. § 2255 motion. The district court had referred the case to a magistrate judge, who recommended denying relief. Brown failed to file a timely objection to the magistrate's recommendation, despite being warned that this was necessary to preserve his appellate rights. As a result, the appeals court found that Brown waived his right to appellate review and dismissed the appeal.

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    of 3

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT
    No. 09-7392
    UNITED STATES OF AMERICA,
    Plaintiff - Appellee,
    v.
    WILBERT HERMAN BROWN,
    Defendant - Appellant.

    Appeal from the United States District Court for the Western
    District of Virginia, at Roanoke.
    James C. Turk, Senior
    District Judge.
    (7:06-cr-00098-jct-mfu-2; 7:08-cv-80102-jctmfu)
    Submitted:

    March 22, 2010

    Before WILKINSON and


    Senior Circuit Judge.

    DUNCAN,

    Decided:
    Circuit

    Judges,

    April 7, 2010
    and

    HAMILTON,

    Dismissed by unpublished per curiam opinion.


    Wilbert Herman Brown, Appellant Pro Se. Ronald Andrew Bassford,
    Thomas Jack Bondurant, Jr., Assistant United States Attorneys,
    Roanoke, Virginia, for Appellee.
    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Wilbert

    Herman

    Brown

    seeks

    to

    appeal

    the

    district

    courts order denying relief on his 28 U.S.C.A. 2255 (West


    Supp. 2009) motion.

    The district court referred this case to a

    magistrate judge pursuant to 28 U.S.C. 636(b)(1)(B) (2006).


    The

    magistrate

    judge

    recommended

    that

    relief

    be

    denied

    and

    advised Brown that the failure to file timely objections to this


    recommendation could waive appellate review of a district court
    order

    based

    upon

    the

    recommendation.

    Despite

    this

    warning,

    Brown failed to object to the magistrate judges recommendation.


    The
    magistrate

    timely

    judges

    filing

    of

    recommendation

    specific
    is

    objections

    necessary

    to

    to

    preserve

    appellate review of the substance of that recommendation when


    the

    parties

    noncompliance.

    have

    been

    warned

    of

    the

    consequences

    of

    Wright v. Collins, 766 F.2d 841, 845-46 (4th

    Cir. 1985); see also Thomas v. Arn, 474 U.S. 140 (1985).

    Brown

    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

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