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  • Yates-Bey v. Johnson, 4th Cir. (2006)

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing Arthur Yates-Bey's appeal of a district court's denial of habeas corpus relief. The district court had referred the case to a magistrate judge, who recommended denying relief. Yates-Bey failed to file a timely objection to the magistrate's recommendation, and thus waived his right to appellate review under the relevant rules. As a result, the Fourth Circuit denies a certificate of appealability and dismisses the appeal.

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    Filed: 2006-10-26 Precedential Status: Non-Precedential Docket: 06-7353

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing Arthur Yates-Bey's appeal of a district court's denial of habeas corpus relief. The district court had referred the case to a magistrate judge, who recommended denying relief. Yates-Bey failed to file a timely objection to the magistrate's recommendation, and thus waived his right to appellate review under the relevant rules. As a result, the Fourth Circuit denies a certificate of appealability and dismisses the appeal.

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    Public Domain
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    2 views2 pages

    Yates-Bey v. Johnson, 4th Cir. (2006)

    Uploaded by

    Scribd Government Docs
    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing Arthur Yates-Bey's appeal of a district court's denial of habeas corpus relief. The district court had referred the case to a magistrate judge, who recommended denying relief. Yates-Bey failed to file a timely objection to the magistrate's recommendation, and thus waived his right to appellate review under the relevant rules. As a result, the Fourth Circuit denies a certificate of appealability and dismisses the appeal.

    Copyright:

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 06-7353

    ARTHUR YATES-BEY,
    Petitioner - Appellant,
    versus
    GENE M. JOHNSON,
    Respondent - Appellee.

    Appeal from the United States District Court for the Eastern
    District of Virginia, at Norfolk. Walter D. Kelley, Jr., District
    Judge. (2:05-cv-00495-WDK)

    Submitted:

    October 6, 2006

    Decided:

    October 26, 2006

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


    Circuit Judge.

    Dismissed by unpublished per curiam opinion.

    Arthur Yates-Bey, Appellant Pro Se. Susan Lee Parrish, OFFICE OF


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

    Unpublished opinions are not binding precedent in this circuit.


    See Local Rule 36(c).

    PER CURIAM:
    Arthur Yates-Bey 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 Yates-Bey 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, Yates-Bey 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).

    Yates-Bey 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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