U.S. Court of Appeals for the Fourth Circuit, 2003

Hogue v. Angelone

Hogue v. Angelone
U.S. Court of Appeals for the Fourth Circuit · Decided April 23, 2003 · Widener, Williams, Motz
60 F. App'x 976

Hogue v. Angelone

Opinion

PER CURIAM.

Kevin Devon Hogue seeks to appeal the district court’s order dismissing his petition filed under 28 U.S.C. § 2254 (2000). *977 The district court referred this case to a magistrate judge pursuant to 28 U.S.C. § 686(b)(1)(B) (2000). The magistrate judge recommended that relief be denied and advised Hogue 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, Hogue failed to object to the portion of the magistrate judge’s report recommending dismissal of Hogue’s claims on the merits.

The timely filing of specific objections to a magistrate judge’s 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. See Wright v. Collins, 766 F.2d 841, 845-46 (4th Cir. 1985); see also Thomas v. Arn, 474 U.S. 140, 106 S.Ct. 466, 88 L.Ed.2d 485 (1985). Hogue has waived appellate review by failing to object to the magistrate judge’s recommendation to dismiss his petition on the merits. 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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.