Filed: Sep. 28, 2020
Latest Update: Sep. 28, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 19-7505 ESTES JENNINGS, Petitioner - Appellant, v. BERNARD BOOKER, Respondent - Appellee. Appeal from the United States District Court for the Eastern District of Virginia, at Richmond. Henry E. Hudson, Senior District Judge. (3:18-cv-00553-HEH-RCY) Submitted: September 24, 2020 Decided: September 28, 2020 Before HARRIS and RICHARDSON, Circuit Judges, and TRAXLER, Senior Circuit Judge. Dismissed by unpublished per curiam opini
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 19-7505 ESTES JENNINGS, Petitioner - Appellant, v. BERNARD BOOKER, Respondent - Appellee. Appeal from the United States District Court for the Eastern District of Virginia, at Richmond. Henry E. Hudson, Senior District Judge. (3:18-cv-00553-HEH-RCY) Submitted: September 24, 2020 Decided: September 28, 2020 Before HARRIS and RICHARDSON, Circuit Judges, and TRAXLER, Senior Circuit Judge. Dismissed by unpublished per curiam opinio..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 19-7505
ESTES JENNINGS,
Petitioner - Appellant,
v.
BERNARD BOOKER,
Respondent - Appellee.
Appeal from the United States District Court for the Eastern District of Virginia, at
Richmond. Henry E. Hudson, Senior District Judge. (3:18-cv-00553-HEH-RCY)
Submitted: September 24, 2020 Decided: September 28, 2020
Before HARRIS and RICHARDSON, Circuit Judges, and TRAXLER, Senior Circuit
Judge.
Dismissed by unpublished per curiam opinion.
Estes Jennings, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Estes Jennings seeks to appeal the district court’s order denying relief on Jennings’
28 U.S.C. § 2254 petition. The district court referred this case to a magistrate judge
pursuant to 28 U.S.C. § 636(b)(1)(B). The magistrate judge recommended that relief be
denied and advised Jennings that 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. Martin v. Duffy,
858
F.3d 239, 245 (4th Cir. 2017); Wright v. Collins,
766 F.2d 841, 846-47 (4th Cir. 1985); see
also Thomas v. Arn,
474 U.S. 140, 154-55 (1985). Although Jennings received proper
notice and filed timely objections to the magistrate judge’s recommendation, he has waived
appellate review of his claims, except the claims the magistrate judge found were
procedurally defaulted, because the objections were not specific to the particularized legal
recommendations made by the magistrate judge. See
Martin, 858 F.3d at 245 (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” (internal quotation marks
omitted)).
Regarding the procedurally defaulted claims to which Jennings specifically
objected, Jennings may not appeal from that portion of the order unless a circuit justice or
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judge issues a certificate of appealability. See 28 U.S.C. § 2253(c)(1)(A). A certificate of
appealability will not issue absent “a substantial showing of the denial of a constitutional
right.” 28 U.S.C. § 2253(c)(2). When the district court denies relief on procedural
grounds, the prisoner must demonstrate both that the dispositive procedural ruling is
debatable and that the petition states a debatable claim of the denial of a constitutional
right. Gonzalez v. Thaler,
565 U.S. 134, 140-41 (2012) (citing Slack v. McDaniel,
529
U.S. 473, 484 (2000)). We have independently reviewed the record and conclude that
Jennings has not made the requisite showing.
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 this court and argument
would not aid the decisional process.
DISMISSED
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