Nettles V. Wainwright

A panel of this court affirmed the denial of appellant's (Nettles) petition for writ of habeas corpus and held that a state prisoner's failure to object to a magistrate's report and recommendation, filed pursuant to 28 U.S.C. § 636(b) (1)(C), served as a waiver of the right to appeal from the district court's judgment based on the report and recommendation. Nettles v. Wainwright, 656 F.2d 986 (5th Cir. 1981). By vote of the Unit B judges of this circuit, we granted en banc consideration to address the following question: