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    United States v. Harith-Bey, 4th Cir. (2002)

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    Na'im Harith-Bey was found guilty by a federal magistrate judge of driving without a valid license on a military base in violation of Virginia law. Harith-Bey appealed to federal district court but failed to appear for oral argument, so the district court dismissed the appeal for failure to prosecute. Harith-Bey then appealed to the Fourth Circuit challenging the magistrate's jurisdiction, but the Fourth Circuit affirmed the district court's dismissal because Harith-Bey did not challenge the grounds for dismissal in his brief and waived his right to appeal by failing to prosecute in district court.

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    United States v. Harith-Bey, 4th Cir. (2002)

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    Na'im Harith-Bey was found guilty by a federal magistrate judge of driving without a valid license on a military base in violation of Virginia law. Harith-Bey appealed to federal district court but failed to appear for oral argument, so the district court dismissed the appeal for failure to prosecute. Harith-Bey then appealed to the Fourth Circuit challenging the magistrate's jurisdiction, but the Fourth Circuit affirmed the district court's dismissal because Harith-Bey did not challenge the grounds for dismissal in his brief and waived his right to appeal by failing to prosecute in district court.

    Original Description:

    Filed: 2002-12-24 Precedential Status: Non-Precedential Docket: 02-4840

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    Na'im Harith-Bey was found guilty by a federal magistrate judge of driving without a valid license on a military base in violation of Virginia law. Harith-Bey appealed to federal district court but failed to appear for oral argument, so the district court dismissed the appeal for failure to prosecute. Harith-Bey then appealed to the Fourth Circuit challenging the magistrate's jurisdiction, but the Fourth Circuit affirmed the district court's dismissal because Harith-Bey did not challenge the grounds for dismissal in his brief and waived his right to appeal by failing to prosecute in district court.

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    16 views2 pages

    United States v. Harith-Bey, 4th Cir. (2002)

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    Na'im Harith-Bey was found guilty by a federal magistrate judge of driving without a valid license on a military base in violation of Virginia law. Harith-Bey appealed to federal district court but failed to appear for oral argument, so the district court dismissed the appeal for failure to prosecute. Harith-Bey then appealed to the Fourth Circuit challenging the magistrate's jurisdiction, but the Fourth Circuit affirmed the district court's dismissal because Harith-Bey did not challenge the grounds for dismissal in his brief and waived his right to appeal by failing to prosecute in district court.

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    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 02-4840

    UNITED STATES OF AMERICA,


    Plaintiff - Appellee,
    versus
    NAIM N. HARITH-BEY,
    Defendant - Appellant.

    Appeal from the United States District Court for the Eastern
    District of Virginia, at Newport News. Rebecca B. Smith, District
    Judge. (CR-02-89)

    Submitted:

    December 10, 2002

    Decided:

    December 24, 2002

    Before WILKINS and NIEMEYER, Circuit Judges, and HAMILTON, Senior


    Circuit Judge.

    Affirmed by unpublished per curiam opinion.

    Naim N. Harith-Bey, Appellant Pro Se. Toby M. Jesson, Special


    Assistant United States Attorney, Fort Monroe, Virginia, for
    Appellee.

    Unpublished opinions are not binding precedent in this circuit.


    See Local Rule 36(c).

    PER CURIAM:
    A federal magistrate judge found Naim N. Harith-Bey guilty of
    driving without a valid drivers license on a military base, in
    violation of Va. Code Ann. 46.2-300 (Michie 2002), as assimilated
    into federal jurisdiction pursuant to 18 U.S.C. 7, 13 (2000).
    Harith-Bey timely appealed to the federal district court. However,
    when he failed to appear for oral argument, the district court
    dismissed the appeal for failure to prosecute.

    Harith-Bey filed a

    timely appeal to this court, challenging the magistrate judges


    jurisdiction to try him for driving without a valid drivers
    license.
    Because Harith-Bey does not challenge in his informal brief
    the grounds for the district courts dismissal of his appeal, that
    issue is waived.

    4th Cir. R. 34(b).

    Furthermore, by failing to

    prosecute his appeal before the district court, we find that he has
    waived his right to appeal.

    Cf. Wright v. Collins, 766 F.2d 841,

    845-46 (4th Cir. 1985) (failure to file timely objections to


    magistrate

    judges

    report

    and

    recommendation

    review of substance of that recommendation).

    waives

    appellate

    Consequently, we

    affirm. 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.

    AFFIRMED

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