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    Riddick v. Johnson, 4th Cir. (2007)

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    The United States Court of Appeals for the Fourth Circuit dismissed James Riddick's appeal of the district court's denial of his 28 U.S.C. § 2254 habeas corpus petition. The district court had referred the case to a magistrate judge, who recommended denying relief and warned Riddick that failing to object to the recommendation could waive his right to appeal. However, Riddick failed to object to the magistrate judge's recommendation, so the appeals court found that he had waived his right to appellate review. Therefore, the court denied a certificate of appealability, denied leave to proceed in forma pauperis, and dismissed the appeal.

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    Riddick v. Johnson, 4th Cir. (2007)

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    The United States Court of Appeals for the Fourth Circuit dismissed James Riddick's appeal of the district court's denial of his 28 U.S.C. § 2254 habeas corpus petition. The district court had referred the case to a magistrate judge, who recommended denying relief and warned Riddick that failing to object to the recommendation could waive his right to appeal. However, Riddick failed to object to the magistrate judge's recommendation, so the appeals court found that he had waived his right to appellate review. Therefore, the court denied a certificate of appealability, denied leave to proceed in forma pauperis, and dismissed the appeal.

    Original Description:

    Filed: 2007-10-09 Precedential Status: Non-Precedential Docket: 07-6529

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    The United States Court of Appeals for the Fourth Circuit dismissed James Riddick's appeal of the district court's denial of his 28 U.S.C. § 2254 habeas corpus petition. The district court had referred the case to a magistrate judge, who recommended denying relief and warned Riddick that failing to object to the recommendation could waive his right to appeal. However, Riddick failed to object to the magistrate judge's recommendation, so the appeals court found that he had waived his right to appellate review. Therefore, the court denied a certificate of appealability, denied leave to proceed in forma pauperis, and dismissed the appeal.

    Copyright:

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    4 views2 pages

    Riddick v. Johnson, 4th Cir. (2007)

    Uploaded by

    Scribd Government Docs
    The United States Court of Appeals for the Fourth Circuit dismissed James Riddick's appeal of the district court's denial of his 28 U.S.C. § 2254 habeas corpus petition. The district court had referred the case to a magistrate judge, who recommended denying relief and warned Riddick that failing to object to the recommendation could waive his right to appeal. However, Riddick failed to object to the magistrate judge's recommendation, so the appeals court found that he had waived his right to appellate review. Therefore, the court denied a certificate of appealability, denied leave to proceed in forma pauperis, and dismissed the appeal.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 07-6529

    JAMES K. RIDDICK,
    Petitioner - Appellant,
    versus
    GENE M. JOHNSON, Director
    Department of Corrections,

    of

    the

    Virginia
    Respondent - Appellee.

    Appeal from the United States District Court for the Eastern
    District of Virginia, at Norfolk. Raymond A. Jackson, District
    Judge. (2:06-cv-00480-RAJ)

    Submitted:

    September 19, 2007

    Decided:

    October 9, 2007

    Before WILKINSON and KING, Circuit Judges, and HAMILTON, Senior


    Circuit Judge.

    Dismissed by unpublished per curiam opinion.

    James K. Riddick, Appellant Pro Se. Donald Eldridge Jeffrey, III,


    OFFICE OF THE ATTORNEY GENERAL OF VIRGINIA, Richmond, Virginia, for
    Appellee.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    James K. Riddick 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 Riddick 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, Riddick failed to object to the magistrate
    judges recommendation.
    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). Riddick has waived appellate review by failing to
    timely file specific objections after receiving proper notice.
    Accordingly, we deny a certificate of appealability, deny 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

    - 2 -

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