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United States v. Hogue

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
Jul 26, 2019
No. 18-7334 (4th Cir. Jul. 26, 2019)

Opinion

No. 18-7334

07-26-2019

UNITED STATES OF AMERICA, Plaintiff - Appellee, v. FRANK TERALD HOGUE, II, Defendant - Appellant.

Frank Terald Hogue, II, Appellant Pro Se.


UNPUBLISHED

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) 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 Dismissed by unpublished per curiam opinion.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 Unpublished opinions are not binding precedent in this circuit.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


Summaries of

United States v. Hogue

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
Jul 26, 2019
No. 18-7334 (4th Cir. Jul. 26, 2019)
Case details for

United States v. Hogue

Case Details

Full title:UNITED STATES OF AMERICA, Plaintiff - Appellee, v. FRANK TERALD HOGUE, II…

Court:UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

Date published: Jul 26, 2019

Citations

No. 18-7334 (4th Cir. Jul. 26, 2019)