Filed: Jan. 26, 2006
Latest Update: Feb. 12, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 05-7788 CHARLES B. CANNON, Petitioner - Appellant, versus E. RICHARD BAZZLE, Warden of Perry Correctional Institution; HENRY MCMASTER, Attorney General for South Carolina, Respondents - Appellees. No. 05-7835 CHARLES B. CANNON, Petitioner - Appellant, versus E. RICHARD BAZZLE, Warden of Perry Correctional Institution; HENRY MCMASTER, Attorney General for South Carolina, Respondents - Appellees. Appeals from the United States D
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 05-7788 CHARLES B. CANNON, Petitioner - Appellant, versus E. RICHARD BAZZLE, Warden of Perry Correctional Institution; HENRY MCMASTER, Attorney General for South Carolina, Respondents - Appellees. No. 05-7835 CHARLES B. CANNON, Petitioner - Appellant, versus E. RICHARD BAZZLE, Warden of Perry Correctional Institution; HENRY MCMASTER, Attorney General for South Carolina, Respondents - Appellees. Appeals from the United States Di..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 05-7788
CHARLES B. CANNON,
Petitioner - Appellant,
versus
E. RICHARD BAZZLE, Warden of Perry
Correctional Institution; HENRY MCMASTER,
Attorney General for South Carolina,
Respondents - Appellees.
No. 05-7835
CHARLES B. CANNON,
Petitioner - Appellant,
versus
E. RICHARD BAZZLE, Warden of Perry
Correctional Institution; HENRY MCMASTER,
Attorney General for South Carolina,
Respondents - Appellees.
Appeals from the United States District Court for the District of
South Carolina, at Beaufort. G. Ross Anderson, Jr., District
Judge. (CA-05-753-9)
Submitted: January 19, 2006 Decided: January 26, 2006
Before WILKINSON, TRAXLER, and SHEDD, Circuit Judges.
No. 05-7788, dismissed; No. 05-7835, affirmed by unpublished per
curiam opinion.
Charles B. Cannon, Appellant Pro Se. William Edgar Salter, III,
OFFICE OF THE ATTORNEY GENERAL OF SOUTH CAROLINA, Columbia, South
Carolina, for Appellees.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
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PER CURIAM:
These consolidated appeals are before the court for
disposition. In No. 05-7788, Charles B. Cannon seeks to appeal the
district court’s order of October 17, 2005 denying Cannon’s motion
for an extension of time to file objections to the magistrate
judge’s recommendation. This court may exercise jurisdiction only
over final orders, 28 U.S.C. § 1291 (2000), and certain
interlocutory and collateral orders, 28 U.S.C. § 1292 (2000); Fed.
R. Civ. P. 54(b); Cohen v. Beneficial Indus. Loan Corp.,
337 U.S.
541 (1949). The order Cannon seeks to appeal is neither a final
order nor an appealable interlocutory or collateral order.
Accordingly, we dismiss that appeal for lack of jurisdiction.
In No. 05-7835, Cannon appeals the district court’s order
accepting the recommendation of the magistrate judge and denying
relief on his petition filed under 28 U.S.C. § 2254 (2000). 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 Cannon 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, Cannon failed to object to the magistrate
judge’s recommendation.
The timely filing of specific objections to a magistrate
judge’s recommendation is necessary to preserve appellate review of
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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 (1985). Cannon has waived appellate
review by failing to file objections after receiving proper notice.
Accordingly, we affirm the judgment of the district court.
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.
No. 05-7788 - DISMISSED
No. 05-7835 - AFFIRMED
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