Beruflich Dokumente
Kultur Dokumente
No. 12-6101
Appeal from the United States District Court for the Northern
District of West Virginia, at Martinsburg. John Preston Bailey,
Chief District Judge.
(3:08-cr-00030-JPB-JES-2; 3:11-cv-00060JPB-JES)
Submitted:
Decided:
June 5, 2012
PER CURIAM:
Matthew
Quinn
Mason
seeks
to
appeal
the
district
is
debatable
constitutional
and
that
Masons
claims.
motion
Accordingly,
states
we
grant
two
a
I.
Following
jury
trial,
Mason
was
convicted
of
on
each
count,
to
be
served
concurrently.
We
See United
timely
filed
his
2255
motion,
raising
counsel
and
other
issues.
2
After
receiving
the
The matter
The magistrate
reviewed
the
report
for
clear
error
and
found
none.
Accordingly, the district court denied the 2255 motion for the
reasons set forth in the magistrate judges report.
Mason
timely
noted
certificate of appealability.
an
appeal
and
requested
that
no
paperwork
was
given
to
[him]
during
this
II.
An appeal may not be taken to this court from the
final order in a proceeding under 28 U.S.C.A. 2255 unless a
circuit justice or judge issues a certificate of appealability
(COA).
Where, as here, a
or
wrong
and
(2)
the
original
motion
raises
Id. at 485.
(7th Cir. 2000); United States v. Martin, 226 F.3d 1042, 1046
(9th Cir. 2000).
It is well established that a litigant who fails to
timely object to a magistrate judges proposed findings of fact
and conclusions of law is not entitled to de novo review of the
magistrate
judges
determinations,
28
U.S.C.A.
636(b)(1)(B)
(West 2006 & Supp. 2011), and waives his right to appeal the
district courts order based on that recommendation.
Wells v.
However,
Thomas v.
This contention is
the
proffered
district
excuse
courts
for
his
silence
failure
to
in
the
object,
face
of
we
are
Accordingly, we will
III.
Masons 2255 motion raised multiple grounds for his
claim
that
his
trial
attorney,
Lary
Garrett,
provided
of
showing
constitutionally
deficient
was prejudicial.
demonstrate
objective
professional
(1)
and
counsels
(2)
such
performance
deficient
was
performance
that
standard
norms.
counsels
of
Id.
performance
reasonableness
at
688.
To
fell
under
satisfy
below
an
prevailing
the
second
Id. at 693.
6
Indeed, he must
counsels
unprofessional
errors,
conclude
that
assistance
of
two
of
counsel
the
result
of
the
Id. at 694.
the
grounds
claim
have
for
Masons
arguable
merit.
heart
of
this
issue
is
Clinkscales
testimony
At
regarding
offered
by
the
Government
to
prove
[Masons]
criminal
(E.R. 147).
magistrate
judge
recommended
denying
relief
on
this ground because Mason had not specified what counsel could
have
obtained
had
he
impeachment evidence.
this
proposed
more
thoroughly
(E.R. 696).
conclusion.
In
his
investigated
potential
to
the
Governments
If true,
we
find
debatable
Masons
contention
that
plea
magistrate
entirely
offer,
judge
on
which
Mason
recommended
letter
from
would
denying
Garrett
have
accepted.
relief,
though,
dated
August
14,
The
based
2008.
And while it is
the
Government
made
multiple
plea
offers
that
were
not
this
too
is
debatable
claim
of
the
denial
of
constitutional right.
For
these
reasons,
appealability,
vacate
the
this
further
case
for
we
district
grant
courts
proceedings.
On
certificate
order,
remand,
and
the
of
remand
district
and
make
any
factual
findings
necessary
to
resolve
with
oral
argument
because
the
facts
and
We
legal