holding that with respect to a district court’s judgment adopting a magistrate’s recommendation, a court of appeals may adopt a rule conditioning appeal from the district court upon the timely filing of objections to the magistrate’s report, and explaining that such a “rule merely establishes a procedural default that has no effect on the magistrate’s or the [district] court’s jurisdiction”
How later courts described this case
- holding that with respect to a district court’s judgment adopting a magistrate’s recommendation, a court of appeals may adopt a rule conditioning appeal from the district court upon the timely filing of objections to the magistrate’s report, and explaining that such a “rule merely establishes a procedural default that has no effect on the magistrate’s or the [district] court’s jurisdiction”
- holding that appeal of an issue not specifically objected 18 to would “force the district court to review every issue in every case, no matter how 19 thorough the magistrate[] [judge’s] analysis and even if both parties were satisfied with 20 the magistrate[] [judge’s] report . . .” and thus is inappropriate
- finding Federal Magistrates Act does not forbid court of appeals from adopting rule conditioning appeal from district court’s judgment that adopts magistrate judge’s recommendation upon filing of objections to magistrate judge’s report identifying those issues on which further review is desired
- holding that the Sixth Circuit’s waiver rule is within its supervisory powers and “[t]here is no indication that Congress, in enacting § 636(b)(1)(C), intended to require a district judge to review a magistrate judge’s report and recommendation to which no objections are filed”
Written by the judges who cited it.
The opinion
*156 Justice Brennan,
with whom Justice Blackmun joins, dissenting.
Under the rule adopted by the United States Court of Appeals for the Sixth Circuit and sanctioned by this Court, a party waives his right to appeal the judgment of the district court by failing to file timely objections to a magistrate’s report. Because this rule conflicts with the plain language of the Federal Magistrate’s Act, I dissent.
The Magistrate’s Act states that “any party may serve and file written objections to [the magistrate’s] proposed findings and recommendations. ... A judge of the court shall make a de novo determination of those portions of the report or specified proposed findings or recommendations to which objection is made.” 28 U. S. C. § 636 (b)(1)(C). The Act clearly specifies the penalty for a party’s failure to file objections to the magistrate’s report — the party loses his right to de novo review by the district court. The Act does not require a party to file objections. And it does not, contrary to the Sixth Circuit’s rule, provide that a party’s failure to file objections deprives him of the right to any review by the district court, * or by the court of appeals. Rather, the district court judge retains the power, and indeed the obligation, to “accept, reject, or modify” the magistrate’s findings and recommendations. 28 U. S. C. § 636 (b)(1)(C). The Act leaves unaffected a party’s right to appeal the judgment of the district court to the court of appeals.
A habeas applicant is entitled to appeal only the final order of the district court. 28 U. S. C. §2253 . I fail to understand how petitioner could have waived her right to appeal a final order before that order was rendered. The majority attempts to justify this result by characterizing the Sixth Circuit’s rule as a simple exercise of its supervisory powers. *157 While I do not question the Court of Appeals’ authority to promulgate reasonable procedural rules, I would not sanction a rule that imposes a penalty for failure to file objections beyond that contemplated by Congress. Because the Sixth Circuit’s “supervisory rule” unlawfully deprives petitioner of her statutory right to appeal the District Court’s judgment, I respectfully dissent.
The absence of an objection cannot “reliev[e] the district court of its obligation to act judicially, to decide for itself whether the Magistrate’s report is correct.” Lorin Corp. v. Goto & Co., 700 F. 2d 1202, 1206 (CA8 1983).