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  • United States v. Eunice Husband, 4th Cir. (2013)

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    This document summarizes a court case from the United States Court of Appeals for the Fourth Circuit. The court dismissed Eunice Husband's appeal of the denial of relief on her 28 U.S.C.A. § 2255 motion. The district court had referred the case to a magistrate judge who recommended denying relief. Husband failed to file timely objections to the magistrate's recommendation, waiving her right to appellate review. Accordingly, the Fourth Circuit denied a certificate of appealability and dismissed the appeal.

    Original Description:

    Filed: 2013-10-25 Precedential Status: Non-Precedential Docket: 13-7170

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    This document summarizes a court case from the United States Court of Appeals for the Fourth Circuit. The court dismissed Eunice Husband's appeal of the denial of relief on her 28 U.S.C.A. § 2255 motion. The district court had referred the case to a magistrate judge who recommended denying relief. Husband failed to file timely objections to the magistrate's recommendation, waiving her right to appellate review. Accordingly, the Fourth Circuit denied a certificate of appealability and dismissed the appeal.

    Copyright:

    Public Domain
    Download as PDF or read online from Scribd
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    10 views2 pages

    United States v. Eunice Husband, 4th Cir. (2013)

    Uploaded by

    Scribd Government Docs
    This document summarizes a court case from the United States Court of Appeals for the Fourth Circuit. The court dismissed Eunice Husband's appeal of the denial of relief on her 28 U.S.C.A. § 2255 motion. The district court had referred the case to a magistrate judge who recommended denying relief. Husband failed to file timely objections to the magistrate's recommendation, waiving her right to appellate review. Accordingly, the Fourth Circuit denied a certificate of appealability and dismissed the appeal.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 13-7170

    UNITED STATES OF AMERICA,


    Plaintiff - Appellee,
    v.
    EUNICE HUSBAND,
    Defendant - Appellant.

    Appeal from the United States District Court for the Northern
    District of West Virginia, at Clarksburg. John Preston Bailey,
    Chief District Judge.
    (1:08-cr-00016-JPB-1; 1:12-cv-00096-JPBJES)

    Submitted:

    October 22, 2013

    Decided:

    October 25, 2013

    Before WILKINSON, NIEMEYER, and THACKER, Circuit Judges.

    Dismissed by unpublished per curiam opinion.

    Eunice Husband, Appellant Pro Se. David Earl Godwin, Assistant


    United States Attorney, Clarksburg, West Virginia; Michael D.
    Stein,
    Assistant
    United
    States
    Attorney,
    Wheeling,
    West
    Virginia, for Appellee.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Eunice Husband seeks to appeal the denial of relief on
    his 28 U.S.C.A. 2255 (West Supp. 2013) motion.

    The district

    court referred this case to a magistrate judge pursuant to 28


    U.S.C.A.

    636(b)(1)(B)

    (West

    2006

    &

    Supp.

    2013).

    The

    magistrate judge recommended that relief be denied and advised


    Husband

    that

    the

    failure

    to

    file

    timely

    objections

    to

    this

    recommendation could waive appellate review of a district court


    order based upon the recommendation.
    The
    magistrate

    timely

    judges

    filing

    of

    specific

    recommendation

    is

    objections

    necessary

    to

    to

    preserve

    appellate review of the substance of that recommendation when


    the

    parties

    have

    noncompliance.
    Cir.

    1985);

    Husband

    warned

    of

    the

    also

    waived

    Thomas

    v.

    appellate

    Arm,

    474

    review

    by

    objections after receiving proper notice.


    a

    certificate

    dispense

    of

    with

    contentions

    consequences

    of

    Wright v. Collins, 766 F.2d 841, 845-46 (4th

    see

    has

    been

    are

    appealability

    oral

    argument

    adequately

    and

    presented

    in

    140

    failing

    (1985).
    to

    file

    Accordingly, we deny

    dismiss

    because

    U.S.

    the
    the

    the

    appeal.

    facts

    We

    and

    legal

    materials

    before

    this court and argument would not aid the decisional process.
    DISMISSED

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