Kevin Mark Willson v. Director South Carolina Department of Probation, Parole and Pardon Services
May 1, 2026·25-6939·Per Curiam·By James Taylor
The United States Court of Appeals for the Fourth Circuit dismissed an appeal from a district court order denying a habeas corpus petition. The court held that the petitioner forfeited his right to appellate review by failing to file specific objections to a magistrate judge's recommendation.
Kevin Mark Willson filed a petition under Section twenty-eight United States Code, Section two thousand two hundred fifty-four, challenging his state custody. The district court referred the matter to a magistrate judge, who recommended dismissal as untimely. The court warned Willson that failing to file specific objections would waive appellate review. Willson did not file objections.
The court’s reasoning
The court explained that 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 parties have been warned of the consequences of noncompliance. Citing Martin versus Duffy, Wright versus Collins, and Thomas versus Arn, the court found that Willson forfeited appellate review by failing to file objections after receiving proper notice.
What it means going forward
Petitioners in the Fourth Circuit must file timely, specific objections to magistrate judge recommendations in habeas cases to preserve the right to appeal the underlying recommendation.
