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    United States v. Dodd, 4th Cir. (2006)

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    Timothy Dodd sought to appeal the district court's denial of his 28 U.S.C. § 2255 motion for post-conviction relief. The district court had referred the case to a magistrate judge, who recommended denying relief. Dodd did not file a timely objection to the magistrate's recommendation, despite being warned that this could waive his right to appellate review. As Dodd failed to preserve his objections, the Fourth Circuit dismissed his appeal without a certificate of appealability.

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    United States v. Dodd, 4th Cir. (2006)

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    Timothy Dodd sought to appeal the district court's denial of his 28 U.S.C. § 2255 motion for post-conviction relief. The district court had referred the case to a magistrate judge, who recommended denying relief. Dodd did not file a timely objection to the magistrate's recommendation, despite being warned that this could waive his right to appellate review. As Dodd failed to preserve his objections, the Fourth Circuit dismissed his appeal without a certificate of appealability.

    Original Description:

    Filed: 2006-11-07 Precedential Status: Non-Precedential Docket: 06-7123

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    Timothy Dodd sought to appeal the district court's denial of his 28 U.S.C. § 2255 motion for post-conviction relief. The district court had referred the case to a magistrate judge, who recommended denying relief. Dodd did not file a timely objection to the magistrate's recommendation, despite being warned that this could waive his right to appellate review. As Dodd failed to preserve his objections, the Fourth Circuit dismissed his appeal without a certificate of appealability.

    Copyright:

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

    United States v. Dodd, 4th Cir. (2006)

    Uploaded by

    Scribd Government Docs
    Timothy Dodd sought to appeal the district court's denial of his 28 U.S.C. § 2255 motion for post-conviction relief. The district court had referred the case to a magistrate judge, who recommended denying relief. Dodd did not file a timely objection to the magistrate's recommendation, despite being warned that this could waive his right to appellate review. As Dodd failed to preserve his objections, the Fourth Circuit dismissed his appeal without a certificate of appealability.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 06-7123

    UNITED STATES OF AMERICA,


    Plaintiff - Appellee,
    versus
    TIMOTHY W. DODD,
    Defendant - Appellant.

    Appeal from the United States District Court for the Southern
    District of West Virginia, at Charleston. John T. Copenhaver, Jr.,
    District Judge. (2:02-cr-00207-ALL; 2:05-cv-00634)

    Submitted: October 31, 2006

    Decided:

    November 7, 2006

    Before WILLIAMS, MICHAEL, and GREGORY, Circuit Judges.

    Dismissed by unpublished per curiam opinion.

    Timothy W. Dodd, Appellant Pro Se.


    Charles T. Miller, Acting
    United States Attorney, Charleston, West Virginia, for Appellee.

    Unpublished opinions are not binding precedent in this circuit.


    See Local Rule 36(c).

    PER CURIAM:
    Timothy W. Dodd seeks to appeal the district courts
    order denying relief on his 28 U.S.C. 2255 (2000) motion.

    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 Dodd that the failure to file
    timely objections to this recommendation could waive appellate
    review of a district court order based upon the recommendation.
    Despite this warning, Dodd 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).

    Dodd has waived appellate review by failing to

    timely file specific objections after receiving proper notice.


    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

    - 2 -

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