UNITED STATES OF AMERICA, PLAINTIFF-APPELLEE,
v.
CHARLES EARL WARREN, DEFENDANT-APPELLANT
UNITED STATES OF AMERICA, PLAINTIFF-APPELLEE,
CHARLES EARL WARREN, DEFENDANT-APPELLANT
687 F.2d 347
Court of Appeals for the Eleventh Circuit (1982)
Positive Treatment
Cited by 28 cases
Opinion of the Court
PER CURIAM:
Warren was convicted of possession with intent to distribute cocaine. All issues concern the validity of the district court’s denial of a motion to suppress. The motion was referred to a magistrate pursuant to 28 U.S.C. § 636(b)(1)(B). The magistrate conducted an evidentiary hearing, issued a report and recommendation that the motion be denied, and informed the parties that objections must be filed to his report within 10 days. Warren filed no objections. The district court adopted the recommendation of the magistrate and denied the motion to suppress.
The absence of objections to the magistrate’s report and recommendations limits the scope of appellate review of factual findings to plain error or manifest injustice but does not limit review of legal conclusions. Hardin v. Wainwright, 678 F. 2d 589, 591 (5th Cir. 1982); Nettles v. Wainwright, 677 F. 2d 404, 405, 410 (5th Cir. 1982) (en banc).
There is neither plain error nor manifest injustice in the fact-findings by the magistrate and no error in the legal conclusions.
AFFIRMED.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (24 total)
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LoCONTE v. Dugger, 847 F.2d 745 (11th Cir. 1988)…he magistrate were adopted by the district court without objection and, now on appeal, will be treated by this court as the findings of the district court. See also Hardin v. Wainwright, 678 F. 2d 589 (5th Cir. Unit B 1982); United States v. Warren, 687 F. 2d 347 (11th Cir.1982). . Whenever any party files a timely and specific objection to a finding of fact by a magistrate, the district court has an obligation to conduct a de novo review of the record with respect to that factual issue. See Nettles v. Wain…
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Dupree v. Warden, Attorney Gen., State of Ala., 715 F.3d 1295 (11th Cir. 2013)…tes v. Roberts, 858 F. 2d 698, 701 (11th Cir. 1988); LoConte v. Dugger, 847 F. 2d 745, 749-50 (11th Cir.1988); Hardin v. Black, 845 F. 2d 953, 960 (11th Cir.1988); United States v. Slay, 714 F. 2d 1093, 1095 (11th Cir.1983); United States v. Warren, 687 F. 2d 347, 348 (11th Cir.1982). “This Court equates manifest injustice with review for plain error.” United States v. McClendon, 195 F. 3d 598, 603 (11th Cir. 1999). Under plain error review, we can correct an error only when (1) an error has occurred, (2)…
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Tiara Condo. Ass'n, Inc. v. Marsh USA, Inc., 697 F. Supp. 2d 1349 (S.D. Fla. 2010)…rable Daniel T.K. Hurley, United States District Court Judge for the Southern District of Florida, within ten (10) days of being served with a copy of this Report and Recommendation. See 28 U.S.C. § 636(b)(1)(C); United States v. Warren, 687 F.2d 347, 348 (11th Cir.1982), cert. denied, 460 U.S. 1087, 103 S.Ct. 1781, 76 L.Ed.2d 351 (1983). Failure to timely file objections shall bar the parties from attacking on appeal the factual findings contained herein. See LoConte v. Dugger, 847…
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- Ennis Nettles v. Louie L. Wainwright, 677 F.2d 404 (5th Cir. 1982)
- Hardin v. Louie L. Wainwright, 678 F.2d 589 (5th Cir. 1982)