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  • Williams v. Bazzle, 4th Cir. (2005)

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from Frazier T. Williams of the denial of his 28 U.S.C. § 2254 petition. The district court had referred the case to a magistrate judge who recommended denying relief. Williams failed to file objections to the magistrate's recommendation, and thus waived his right to appellate review. The Fourth Circuit also found Williams failed to demonstrate any error in the district court's finding that his § 2254 petition was untimely. Therefore, the Fourth Circuit denied leave to proceed in forma pauperis, denied a certificate of appealability, and dismissed the appeal.

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    Filed: 2005-11-02 Precedential Status: Non-Precedential Docket: 05-6857

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from Frazier T. Williams of the denial of his 28 U.S.C. § 2254 petition. The district court had referred the case to a magistrate judge who recommended denying relief. Williams failed to file objections to the magistrate's recommendation, and thus waived his right to appellate review. The Fourth Circuit also found Williams failed to demonstrate any error in the district court's finding that his § 2254 petition was untimely. Therefore, the Fourth Circuit denied leave to proceed in forma pauperis, denied a certificate of appealability, and dismissed the appeal.

    Copyright:

    Public Domain
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    8 views3 pages

    Williams v. Bazzle, 4th Cir. (2005)

    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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from Frazier T. Williams of the denial of his 28 U.S.C. § 2254 petition. The district court had referred the case to a magistrate judge who recommended denying relief. Williams failed to file objections to the magistrate's recommendation, and thus waived his right to appellate review. The Fourth Circuit also found Williams failed to demonstrate any error in the district court's finding that his § 2254 petition was untimely. Therefore, the Fourth Circuit denied leave to proceed in forma pauperis, denied a certificate of appealability, and dismissed the appeal.

    Copyright:

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    of 3

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 05-6857

    FRAZIER T. WILLIAMS,
    Petitioner - Appellant,
    versus
    RICHARD BAZZLE, Warden, Perry Correctional
    Institution; HENRY DARGAN MCMASTER, Attorney
    General for South Carolina,
    Respondents - Appellees.

    Appeal from the United States District Court for the District of
    South Carolina, at Charleston. G. Ross Anderson, Jr., District
    Judge. (CA-04-21930-2-GRA)

    Submitted:

    October 21, 2005

    Decided:

    November 2, 2005

    Before NIEMEYER, WILLIAMS, and GREGORY, Circuit Judges.

    Dismissed by unpublished per curiam opinion.

    Frazier T. Williams, Appellant Pro Se. Donald John Zelenka, Chief


    Deputy Attorney General, John William McIntosh, Assistant Attorney
    General, Columbia, South Carolina, for Appellees.

    Unpublished opinions are not binding precedent in this circuit.


    See Local Rule 36(c).

    PER CURIAM:
    Frazier T. Williams 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 Williams 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, Williams 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 that failure to object will waive appellate review.

    Wright

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

    Williams has waived appellate review

    by failing to file objections after receiving proper notice.


    Accordingly, we deny leave to proceed in forma pauperis, deny a
    certificate of appealability, and dismiss the appeal.*

    We also find that Williams has failed to


    error in the district courts finding that his
    untimely, which independently precludes issuance
    of appealability. See Miller-El v. Cockrell, 537
    (2003); Rose v. Lee, 252 F.3d 676, 683 (4th Cir.
    - 2 -

    demonstrate any
    2254 petition is
    of a certificate
    U.S. 322, 336-38
    2001).

    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

    - 3 -

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