Filed: Jul. 26, 2019
Latest Update: Mar. 03, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 18-7334 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. FRANK TERALD HOGUE, II, Defendant - Appellant. Appeal from the United States District Court for the Middle District of North Carolina, at Greensboro. William L. Osteen, Jr., District Judge. (1:15-cr-00037-WO-2; 1:16-cv- 01079-WO-LPA) Submitted: June 27, 2019 Decided: July 26, 2019 Before GREGORY, Chief Judge, HARRIS, Circuit Judge, and TRAXLER, Senior Circuit Judge. Di
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 18-7334 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. FRANK TERALD HOGUE, II, Defendant - Appellant. Appeal from the United States District Court for the Middle District of North Carolina, at Greensboro. William L. Osteen, Jr., District Judge. (1:15-cr-00037-WO-2; 1:16-cv- 01079-WO-LPA) Submitted: June 27, 2019 Decided: July 26, 2019 Before GREGORY, Chief Judge, HARRIS, Circuit Judge, and TRAXLER, Senior Circuit Judge. Dis..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 18-7334
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
FRANK TERALD HOGUE, II,
Defendant - Appellant.
Appeal from the United States District Court for the Middle District of North Carolina, at
Greensboro. William L. Osteen, Jr., District Judge. (1:15-cr-00037-WO-2; 1:16-cv-
01079-WO-LPA)
Submitted: June 27, 2019 Decided: July 26, 2019
Before GREGORY, Chief Judge, HARRIS, Circuit Judge, and TRAXLER, Senior Circuit
Judge.
Dismissed by unpublished per curiam opinion.
Frank Terald Hogue, II, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Frank Terald Hogue, II, seeks to appeal the district court’s order denying relief on
his 28 U.S.C. § 2255 (2012) motion. The district court referred this case to a magistrate
judge pursuant to 28 U.S.C. § 636(b)(1)(B) (2012). The magistrate judge recommended
that relief be denied and advised Hogue that the failure to file timely, specific objections
to this recommendation could waive appellate review of a district court order based upon
the recommendation.
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 of the consequences of noncompliance. United States v.
Midgette,
478 F.3d 616, 621-22 (2007); see also Thomas v. Arn,
474 U.S. 140 (1985).
Although Hogue filed timely objections to the magistrate judge’s recommendation, he has
waived appellate review because the objections were not specific to the particularized legal
recommendations made by the magistrate judge. See
Midgette, 478 F.3d at 622 (holding
that, “to preserve for appeal an issue in a magistrate judge’s report, a party must object to
the finding or recommendation on that issue with sufficient specificity so as reasonably to
alert the district court of the true ground for the objection”). Accordingly, we deny Hogue’s
motion for 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 this court and argument would not aid the
decisional process.
DISMISSED
2