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  • Chamberlain v. Johnson, 4th Cir. (2008)

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    Betty J. Chamberlain appealed the district court's denial of her 28 U.S.C. § 2254 petition. The district court referred the case to a magistrate judge who recommended denying relief. Chamberlain failed to file timely objections to the magistrate's recommendation, despite being warned this was necessary to preserve appellate review. Because Chamberlain did not timely file specific objections after receiving proper notice, the Fourth Circuit found she waived appellate review and dismissed the appeal.

    Original Description:

    Filed: 2008-09-24 Precedential Status: Non-Precedential Docket: 08-7059

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    Betty J. Chamberlain appealed the district court's denial of her 28 U.S.C. § 2254 petition. The district court referred the case to a magistrate judge who recommended denying relief. Chamberlain failed to file timely objections to the magistrate's recommendation, despite being warned this was necessary to preserve appellate review. Because Chamberlain did not timely file specific objections after receiving proper notice, the Fourth Circuit found she waived appellate review and dismissed the appeal.

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    8 views2 pages

    Chamberlain v. Johnson, 4th Cir. (2008)

    Uploaded by

    Scribd Government Docs
    Betty J. Chamberlain appealed the district court's denial of her 28 U.S.C. § 2254 petition. The district court referred the case to a magistrate judge who recommended denying relief. Chamberlain failed to file timely objections to the magistrate's recommendation, despite being warned this was necessary to preserve appellate review. Because Chamberlain did not timely file specific objections after receiving proper notice, the Fourth Circuit found she waived appellate review and dismissed the appeal.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 08-7059

    BETTY J. CHAMBERLAIN,
    Petitioner - Appellant,
    v.
    GENE M. JOHNSON, Director of the Virginia Department of
    Corrections,
    Respondent - Appellee.

    Appeal from the United States District Court for the Eastern
    District of Virginia, at Norfolk. Raymond A. Jackson, District
    Judge. (2:07-cv-00276-RAJ-JEB)

    Submitted:

    September 16, 2008

    Decided:

    September 24, 2008

    Before MOTZ, TRAXLER, and SHEDD, Circuit Judges.

    Dismissed by unpublished per curiam opinion.

    Betty J. Chamberlain, Appellant Pro Se. Donald Eldridge Jeffrey,


    III, Assistant Attorney General, Richmond, Virginia, for Appellee.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Betty J. Chamberlain seeks to appeal the district courts
    order denying relief on her 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 Chamberlain 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,

    Chamberlain

    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).

    Chamberlain 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

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