Jose Francisco Gonzalez v. Burl Cain

Summary

The United States District Court for the Southern District of Mississippi adopted the magistrate judge’s Report and Recommendation, overruled Jose Francisco Gonzalez’s objection, and dismissed his 28 U.S.C. § 2254 habeas petition with prejudice. The court concluded that Gonzalez had not specifically objected to the Report and Recommendation and that his new issues were not properly before the district judge.

Holdings

1. Issues raised for the first time in objections to a magistrate judge's report and recommendation are not properly before the district judge.
2. A party objecting to a magistrate judge's report and recommendation must specifically identify the findings or recommendations objected to; frivolous, conclusive, or general objections need not be considered.
3. The report and recommendation was adopted, the objections were overruled, and Gonzalez's petition for a writ of habeas corpus was dismissed with prejudice.

Questions Presented

1. Whether the district court should consider new issues raised for the first time in objections to a magistrate judge's report and recommendation.
2. Whether Gonzalez's general objections required de novo review of unspecified portions of the report and recommendation.
3. Whether the magistrate judge's recommendation to dismiss Gonzalez's 28 U.S.C. § 2254 habeas petition should be adopted.

Disposition

dismissed