Nettles v. Wainwright, No. 80-5596
| Court | United States Courts of Appeals. United States Court of Appeals (5th Circuit) |
| Writing for the Court | Before RONEY, HILL and HATCHETT; HATCHETT; Before GODBOLD, Chief Judge, RONEY, TJOFLAT, HILL, FAY, VANCE, KRAVITCH, FRANK M. JOHNSON, JR., HENDERSON, HATCHETT, ANDERSON, and THOMAS A. CLARK |
| Citation | 656 F.2d 986 |
| Docket Number | No. 80-5596 |
| Decision Date | 21 September 1981 |
| Parties | Ennis NETTLES, Petitioner-Appellant, v. Louie L. WAINWRIGHT, Director, Division of Corrections, State of Florida, Respondent-Appellee. . Unit B |
Page 986
v.
Louie L. WAINWRIGHT, Director, Division of Corrections,
State of Florida, Respondent-Appellee.
Fifth Circuit.
Unit B
Robert W. Knight, Federal Public Defender (Court-Appointed), James D. Whittemore, Tampa, Fla., for petitioner-appellant.
Michael J. Kotler, Peggy A. Quince, Asst. Attys. Gen., Tampa, Fla., for respondent-appellee.
Appeal from the United States District Court for the Middle District of Florida.
Before RONEY, HILL and HATCHETT, Circuit Judges.
HATCHETT, Circuit Judge:
Ennis Nettles, a Florida state prisoner, appeals the denial of his application for habeas corpus relief pursuant to 28 U.S.C. § 2254. In denying Nettles's petition, the district court accepted a United States Magistrate's report and recommendation finding Nettle's claims to be without merit. Because Nettles did not object to the magistrate's report and recommendations before they were accepted by the district court, we hold that Nettles waived the right to appeal from the judgment based on the report and recommendations. We affirm.
In 1976, a Florida jury convicted Nettles of robbery, aggravated assault, and aggravated battery. The state trial judge sentenced him to seventy-five years imprisonment. A state appeals court affirmed the conviction. Nettles v. State, 336 So.2d 614 (Fla.App.1976).
Nettles then brought a federal habeas corpus petition claiming:
(1) Since his arrest was illegal, the pre-trial identification should have been suppressed, and
(2) He was denied due process of law by the admission at his state trial of inflammatory photographs, and denied due process of law by both pre-trial and in-court identification evidence.
On April 4, 1980, a United States Magistrate, without holding a hearing, filed his report and recommendations finding Nettles's contentions to be without merit. Nettles did not object to the magistrate's report and recommendations. On April 22, 1980, the district court accepted the magistrate's report and recommendations and dismissed Nettles's petition.
Under 28 U.S.C. § 636(b)(1)(B) of the Federal Magistrates Act,
a judge may ... designate a magistrate to conduct hearings ... and to submit to a judge of the court proposed findings of fact and recommendations for the disposition, by a judge of the court, of (motions to suppress evidence in a criminal case) ....
Within ten days after being served with a copy, any party may serve and file written objections to such proposed findings and recommendations as provided by rules of court. A judge of the court shall make a de novo determination of those portions of the report or specified proposed findings or recommendations to which objection is made. A judge of the court may accept, reject, or modify, in
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whole or in part, the findings or recommendations made by the magistrate. The judge may also receive further evidence or recommit the matter to the...To continue reading
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Hamilton v. Schriro, No. 91-4373-CV-C-5.
...the hearing in this case was delayed twice and because of the significant deprivation of rights involved. See Nettles v. Wainwright, 656 F.2d 986 (5th Cir.1981); Messimer v. Lockhart, 702 F.2d 729 (8th Cir.1983); Thomas v. Arn, 474 U.S. 140, 106 S.Ct. 466, 88 L.Ed.2d 435 (1985); Nash v. Bla......
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Shinholster v. Graham, TCA 80-1019.
...and serves as a waiver of the right to appeal any recommendation accepted and adopted by the district court. Nettles v. Wainwright, 656 F.2d 986 (5th Cir. 1981); United States v. Lewis, 621 F.2d 1382 (5th Cir. It is further respectfully RECOMMENDED: The defendants' motion for partial summar......
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Fillingim v. Boone, No. 87-3370
...U.S. v. Warren, 687 F.2d 347 (11th Cir.1982); Hardin v. Wainwright, 678 F.2d 589 (5th Cir., Unit B, 1982); Nettles v. Wainwright, 656 F.2d 986 (5th Cir.1981). See also, Thomas v. Arn, 474 U.S. 140, 106 S.Ct. 466, 88 L.Ed.2d 435 Accordingly, it is now respectfully RECOMMENDED: 1. The motion ......
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Lorin Corp. v. Goto & Co., Ltd., No. 82-2138
...of the waiver question is in Nettles v. Wainwright, 677 F.2d 404 (5th Cir.1982) (en banc) (Unit B). A panel of the Fifth Circuit, 656 F.2d 986 (5th Cir.1981), had held that failure to object to a magistrate's report waived the right to appeal from a district court to the Court of Appeals. T......
-
Hamilton v. Schriro, No. 91-4373-CV-C-5.
...the hearing in this case was delayed twice and because of the significant deprivation of rights involved. See Nettles v. Wainwright, 656 F.2d 986 (5th Cir.1981); Messimer v. Lockhart, 702 F.2d 729 (8th Cir.1983); Thomas v. Arn, 474 U.S. 140, 106 S.Ct. 466, 88 L.Ed.2d 435 (1985); Nash v. Bla......
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Shinholster v. Graham, TCA 80-1019.
...and serves as a waiver of the right to appeal any recommendation accepted and adopted by the district court. Nettles v. Wainwright, 656 F.2d 986 (5th Cir. 1981); United States v. Lewis, 621 F.2d 1382 (5th Cir. It is further respectfully RECOMMENDED: The defendants' motion for partial summar......
-
Fillingim v. Boone, No. 87-3370
...U.S. v. Warren, 687 F.2d 347 (11th Cir.1982); Hardin v. Wainwright, 678 F.2d 589 (5th Cir., Unit B, 1982); Nettles v. Wainwright, 656 F.2d 986 (5th Cir.1981). See also, Thomas v. Arn, 474 U.S. 140, 106 S.Ct. 466, 88 L.Ed.2d 435 Accordingly, it is now respectfully RECOMMENDED: 1. The motion ......
-
Lorin Corp. v. Goto & Co., Ltd., No. 82-2138
...of the waiver question is in Nettles v. Wainwright, 677 F.2d 404 (5th Cir.1982) (en banc) (Unit B). A panel of the Fifth Circuit, 656 F.2d 986 (5th Cir.1981), had held that failure to object to a magistrate's report waived the right to appeal from a district court to the Court of Appeals. T......