Louis T. Carr v. Terrell D. Hutto, Director of the Virginia Department of Corrections

The dispositive issue on appeal in this case is whether Carr’s failure to make a timely objection to a magistrate’s report precludes him from raising his objections on appeal. Because this court has resolved this issue recently in a criminal appeal, we follow that case and affirm the district court’s dismissal of Carr’s petition for ha-beas corpus relief.

Carr filed his petition pro se alleging that there was insufficient evidence to convict him of robbery, rape, abduction, and use of a firearm in the commission of a felony. The matter was referred to a U.S. magistrate, who filed his report on…