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    This document summarizes a court case from the United States Court of Appeals for the Fourth Circuit in 1991. The court dismissed the appeal of Edward F. Merriman, who sought to appeal the district court's dismissal of his habeas corpus petition. The magistrate judge had recommended denying relief and warned that failing to object to the recommendation in a timely manner could waive appellate review. However, Merriman failed to file timely objections. As such, the Fourth Circuit held that he had waived his right to appellate review and dismissed his appeal.

    Original Description:

    Filed: 1991-09-05 Precedential Status: Non-Precedential Citations: 943 F.2d 49 Docket: 89-7782

    Original Title

    Edward F. Merriman v. Parker Evatt, South Carolina Department of Corrections, T. Travis Medlock, Attorney General of the State of South Carolina, 943 F.2d 49, 4th Cir. (1991)

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    This document summarizes a court case from the United States Court of Appeals for the Fourth Circuit in 1991. The court dismissed the appeal of Edward F. Merriman, who sought to appeal the district court's dismissal of his habeas corpus petition. The magistrate judge had recommended denying relief and warned that failing to object to the recommendation in a timely manner could waive appellate review. However, Merriman failed to file timely objections. As such, the Fourth Circuit held that he had waived his right to appellate review and dismissed his appeal.

    Copyright:

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

    United States Court of Appeals, Fourth Circuit

    Uploaded by

    Scribd Government Docs
    This document summarizes a court case from the United States Court of Appeals for the Fourth Circuit in 1991. The court dismissed the appeal of Edward F. Merriman, who sought to appeal the district court's dismissal of his habeas corpus petition. The magistrate judge had recommended denying relief and warned that failing to object to the recommendation in a timely manner could waive appellate review. However, Merriman failed to file timely objections. As such, the Fourth Circuit held that he had waived his right to appellate review and dismissed his appeal.

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    of 2

    943 F.

    2d 49

    NOTICE: Fourth Circuit I.O.P. 36.6 states that citation of


    unpublished dispositions is disfavored except for establishing
    res judicata, estoppel, or the law of the case and requires
    service of copies of cited unpublished dispositions of the Fourth
    Circuit.
    Edward F. MERRIMAN, Petitioner-Appellant,
    v.
    Parker EVATT, South Carolina Department of Corrections, T.
    Travis Medlock, Attorney General of the State of
    South Carolina, Respondents-Appellees.
    No. 89-7782.

    United States Court of Appeals, Fourth Circuit.


    Submitted May 16, 1991.
    Decided Sept. 5, 1991.

    Appeal from the United States District Court for the District of South
    Carolina, at Columbia. Clyde H. Hamilton, District Judge. (CA-88-2935)
    Edward F. Merriman, appellant pro se.
    Salley Wood Elliott, Assistant Attorney General, Columbia, S.C. for
    appellees.
    D.S.C.
    DISMISSED.
    Before DONALD RUSSELL, WILKINSON and NIEMEYER, Circuit
    Judges.
    OPINION
    PER CURIAM:

    Edward F. Merriman seeks to appeal the district court's order dismissing this 28
    U.S.C. 2254 action. Appellant's action was referred to a magistrate judge
    pursuant to 28 U.S.C. 636(b)(1)(B). The magistrate judge recommended that
    relief be denied and advised appellant 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, appellant failed to
    timely object to the magistrate judge's recommendation.

    This Court has held that the timely filing of objections to a magistrate judge's
    recommendation is necessary to preserve appellate review of the substance of
    that recommendation where the parties have been warned that failure to object
    will waive appellate review. Wright v. Collins, 766 F.2d 841, 846 (4th
    Cir.1985) (quoting Carr v. Hutto, 737 F.2d 433, 434 (4th Cir.1984), cert.
    denied, 474 U.S. 1019 (1985)). See generally United States v. Schronce, 727
    F.2d 91 (4th Cir.), cert. denied, 467 U.S. 1208 (1984). Appellant has waived
    appellate review by failing to file timely objections after receiving proper
    notice. Accordingly, we deny a certificate of probable cause to appeal, dismiss
    the appeal, and deny Merriman's motion for resentencing. 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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