U.S. Court of Appeals for the Second Circuit, 1989

The court denied the Secretary’s motion to dismiss Small’s appeal for failing to object to the magistrate’s report. It held that a pro se party’s failure to object does not waive appellate review unless the report explicitly warns of that consequence and specifically cites the identified statutory and procedural…

The court denied Cooper’s request for appointed appellate counsel because the developed trial record showed too little likelihood of merit to justify appointment. It also denied the employer’s motion to dismiss the appeal, preserving Cooper’s opportunity to persuade the court that the appeal had merit.