Anthony Griffini v. Cranston J. Mitchell, Chairman of the Bd. of Prob. & Parole of the State of Missouri, 31 F.3d 690 (8th Cir. 1994). · Go Syfert
Anthony Griffini v. Cranston J. Mitchell, Chairman of the Bd. of Prob. & Parole of the State of Missouri, 31 F.3d 690 (8th Cir. 1994). Cases Citing This Book View Copy Cite
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At page 692 Waiver of de novo review by failure to object to magistrate report115 citing casesstating an appellant who did not object to the magistrate judge’s report and recommendation waives his or her right to appeal factual findings, but then choosing to "review[] the magistrate judge’s findings of fact for plain error23 citing courts put it this way · 109 listed here
  • Reints v. City of Rapid City, South Dakota, No. 5:13-cv-05043 (D.S.D. Feb. 18, 2020).
    (Appellant’s failure to file any objections waived his right to de novo review by the district court of any portion of the report and recommendation of the magistrate judge as well as his right to appeal from the findin…)
  • Lamar v. Dycus, No. 6:24-cv-06033 (W.D. Ark. Sept. 30, 2025).
    (noting that an objection which 3F sufficiently directs a district court to alleged errors in an R&R requires a de novo review of those alleged errors)
  • Waller v. Owens, No. 1:24-cv-01085 (W.D. Ark. Mar. 25, 2025).
    (noting that a specific objection is necessary to require a de novo review of a magistrate’s recommendation instead of a review for clear error)
  • Howard v. Express Prof'l Emp., No. 3:23-cv-00061 (S.D. Iowa Nov. 22, 2024).
    Thomas v. Arn, 474 US. 140, 155 (1985); Griffini v. Mitchell, 31 F.3d 690, 692 (8th Cir. 1994); Halpin v. Shalala, 999 F.2d 342 , 345 & n.1, 346 (8th Cir. 1993); Thompson, 897 F.2d at 357 .
  • Balentine v. Marshall, No. 6:23-cv-06136 (W.D. Ark. Mar. 25, 2024).
    Plaintiff filed a timely objection (ECF No. 7), but it does not address any of Judge Comstock’s reasoning and is insufficiently specific to require a de novo review of the R&R.1 See Griffini v. Mitchell, 31 F.3d 690, 692 (8th Cir. 1994) 0F…
  • Willingham v. Payne, No. 6:22-cv-06106 (W.D. Ark. Apr. 18, 2023).
    (specific objections shift a court’s 0F review from one which scrutinizes for plain error to one in which the issues are reviewed de novo)
  • Fredin v. Middlecamp, No. 0:17-cv-03058 (D. Minn. Sept. 26, 2018).
    Griffini v. Mitchell, 31 F.3d 690, 692 (8th Cir. 1994); see also Murr v. United States, 200 F.3d 895 , 902 n. 1 (6th Cir. 2000); United States v. Waters, 158 F.3d 933, 936 (6th Cir. 1998); Borden v. Sec’y of Health & Human Servs., 836 F.2d…
  • United States v. Yorgensen, 148 F. Supp. 3d 815 (N.D. Iowa 2015).published
    Here, however, the record reflects that [the appellant] did not object to the magistrate’s report and recommendation, and therefore we review the court’s factual determinations for plain error.’’ (citations omitted)); United States v. Look…
  • United States v. Hernandez, 90 F. Supp. 3d 813 (N.D. Iowa 2015).published
    (stating an appellant who did not object to the magistrate judge’s report and recommendation waives his or her right to appeal factual findings, but then choosing to "review[] the magistrate judge’s findings of fact for…)
  • John D. Dupree v. Warden, Attorney Gen., State of Alabama, 715 F.3d 1295 (11th Cir. 2013).published
    Griffini v. Mitchell, 31 F.3d 690, 692 (8th Cir.1994).
Show 99 more citing cases
  • Kliment v. Astrue, 710 F. Supp. 2d 831 (N.D. Iowa 2010).published
    (stating an appellant who did not object to the magistrate judge’s report and recommendation waives his or her right to appeal factual findings, but then choosing to "reviewf ] the magistrate judge’s findings of fact for…)
  • United States v. Riesselman, 708 F. Supp. 2d 797 (N.D. Iowa 2010).published
    (stating an appellant who did not object to the magistrate judge’s report and recommendation waives his or her right to appeal factual findings, but then choosing to "review[] the magistrate judge's findings of fact for…)
  • Lynch v. Astrue, 687 F. Supp. 2d 841 (N.D. Iowa 2010).published
    (stating an appellant who did not object to the magistrate judge's report and recommendation waives his or her right to appeal factual findings, but then choosing to "review[ ] the magistrate judge's findings of fact for…)
  • United States v. Wise, 588 F.3d 531 (8th Cir. 2009).published 2 cites
    When a party fails to timely object to the R & R, he "waive[s] his right to de novo review by the district court of any portion of the report and recommendation of the magistrate judge as well as his right to appeal from the findings of fa…
  • United States v. Yockey, 654 F. Supp. 2d 945 (N.D. Iowa 2009).published
    (stating an appellant who did not object to the magistrate judge’s report and recommendation waives his or her right to appeal factual findings, but then choosing to ”review[] the magistrate judge's findings of fact for…)
  • Leventhal v. Schaffer, 612 F. Supp. 2d 1026 (N.D. Iowa 2009).published
    (stating an appellant who did not object to the magistrate judge’s report and recommendation waives his or her right to appeal factual findings, but then choosing to "review[] the magistrate judge’s findings of fact for…)
  • Jones v. Wilder-Tomlinson, 577 F. Supp. 2d 1064 (N.D. Iowa 2008).published
    (stating an appellant who did not object to the magistrate judge’s report and *1073 recommendation waives his or her right to appeal factual findings, but then choosing to "review[] the magistrate judge's findings of fac…)
  • Tomlinson v. Burt, 509 F. Supp. 2d 771 (N.D. Iowa 2007).published 2 cites
    (reviewing factual findings for “plain error” where no objections to the magistrate judge’s report were filed)
  • Jimmy G. Nixon, Sr. v. Linda Sanders, 243 F. App'x 197 (8th Cir. 2007).unpublished
    (reviewing magistrate judge’s findings of fact for plain error where habeas petitioner failed to file objections to report and recommendation)
  • United States v. Emmanuel Rodriguez, 484 F.3d 1006 (8th Cir. 2007).published 2 cites
    Rodriguez’s “failure to file any objections waived his right to de novo review by the district court of any portion of the report and recommendation of the magistrate judge as well as his right to appeal from the findings of fact contained…
  • White v. Kautzky, 386 F. Supp. 2d 1042 (N.D. Iowa 2005).published
    (reviewing factual findings for “plain error” where no objections to the magistrate judge’s report were filed)
  • Mid-Am. Real Est. Co. v. Iowa Realty Co., 385 F. Supp. 2d 828 (S.D. Iowa 2005).published
    Thomas v. Arn, 474 U.S. 140, 155 , 106 S.Ct. 466 , 88 L.Ed.2d 435 (1985); Griffini v. Mitchell, 31 F.3d 690, 692 (8th Cir.1994); Halpin v. Shalala, 999 F.2d 342 , 345 & n. 1, 346 (8th Cir.1993); Thompson, 897 F.2d at 357 .
  • United States v. $159,880.00 in U.S. Currency, More or Less, 387 F. Supp. 2d 1000 (S.D. Iowa 2005).published
    Thomas v. Arn, 474 U.S. 140, 155 , 106 S.Ct. 466 , 88 L.Ed.2d 435 (1985); United States v. Newton, 259 F.3d 964, 966 (8th Cir.2001) (citing Griffini v. Mitchell, 31 F.3d 690, 692 (8th Cir.1994)).
  • Sillick v. Ault, 358 F. Supp. 2d 738 (N.D. Iowa 2005).published 2 cites
    (reviewing factual findings for “plain error” where no objections to the magistrate judge’s report were filed)
  • Xelan, Inc. v. United States, 397 F. Supp. 2d 1111 (S.D. Iowa 2005).published
    Thomas v. Arn, 474 U.S. 140, 155 , 106 S.Ct. 466 , 88 L.Ed.2d 435 (1985); Griffini v. Mitchell, 31 F.3d 690, 692 (8th Cir.1994); Halpin v. Shalala, 999 F.2d 342 , 345 & n. 1, 346 (8th Cir.1993); Thompson , 897 F.2d at 357 .
  • Xĕlan, Inc. v. United States, 397 F. Supp. 2d 1111 (S.D. Iowa 2005).published
    Thomas v. Arn, 474 U.S. 140, 155 , 106 S.Ct. 466 , 88 L.Ed.2d 435 (1985); Griffini v. Mitchell, 31 F.3d 690, 692 (8th Cir.1994); Halpin v. Shalala, 999 F.2d 342 , 345 & n. 1, 346 (8th Cir.1993); Thompson , 897 F.2d at 357 .
  • Swartz v. Mathes, 291 F. Supp. 2d 861 (N.D. Iowa 2003).published
    (reviewing factual findings for “plain error” where no objections to the magistrate judge’s report were filed)
  • White v. Kautzky, 269 F. Supp. 2d 1054 (N.D. Iowa 2003).published 2 cites
    (reviewing factual findings for “plain error” where no objections to the magistrate judge’s report were filed)
  • Schneider v. Jergens, 268 F. Supp. 2d 1075 (N.D. Iowa 2003).published
    (reviewing factual findings for “plain error” where no objections to the magistrate judge’s report were filed)
  • Frazier v. Rogerson, 248 F. Supp. 2d 825 (N.D. Iowa 2003).published
    (reviewing factual findings for “plain error” where no objections to the magistrate judge’s report were filed)
  • Lomholt v. Burt, 219 F. Supp. 2d 977 (N.D. Iowa 2002).published
    (reviewing factual findings for “plain error” where no objections to the magistrate judge’s report were filed)
  • Williams v. Manternach, 192 F. Supp. 2d 980 (N.D. Iowa 2002).published
    (reviewing factual findings for “plain error” where no objections to the magistrate judge’s report were filed)
  • Phillips v. Iowa, 185 F. Supp. 2d 992 (N.D. Iowa 2002).published 2 cites
    (reviewing factual findings for “plain error” when no objections to the magistrate judge’s report were filed)
  • Ceaser v. Ault, 169 F. Supp. 2d 981 (N.D. Iowa 2001).published 2 cites
    (reviewing factual findings for “plain error” when no objections to the magistrate judge’s report were filed)
  • United States v. Gregory Lee Newton, 259 F.3d 964 (8th Cir. 2001).published 2 cites
    “Appellant’s failure to file any objections waived his right to de novo review by the district court of any portion of the report and recommendation of the magistrate judge as well as his right to appeal from the findings of fact contained…
  • Farmer v. Iowa, 153 F. Supp. 2d 1034 (N.D. Iowa 2001).published 2 cites
    (reviewing factual findings for “plain error” where no objections to the magistrate judge’s report were filed)
  • Hughes v. Lund, 152 F. Supp. 2d 1178 (N.D. Iowa 2001).published 2 cites
    (reviewing factual findings for “plain error” where no objections to the magistrate judge’s report were filed)
  • Walters v. Maschner, 151 F. Supp. 2d 1068 (N.D. Iowa 2001).published
    (reviewing factual findings for “plain error” where no objections to the magistrate judge’s report were filed)
  • Martin v. Ellandson, 122 F. Supp. 2d 1017 (S.D. Iowa 2000).published
    Thomas v. Arn, 474 U.S. 140, 155 , 106 S.Ct. 466 , 88 L.Ed.2d 435 (1985); Griffini v. Mitchell, 31 F.3d 690, 692 (8th Cir.1994); Halpin v. Shalala, 999 F.2d 342 , 345 & n. 1, 346 (8th Cir.1993); Thompson, 897 F.2d at 357 .
  • Ruble v. State, 8 S.W.3d 590 (Mo. Ct. App. 2000).published
    See also Washington v. State, 972 S.W.2d 347, 348 (Mo.App.1998); Griffini v. Mitchell, 31 F.3d 690, 692 (8th Cir.1994).
  • Morgan v. State, 8 S.W.3d 151 (Mo. Ct. App. 1999).published
    See also State v. Blankenship, 830 S.W.2d 1, 16 (Mo.banc 1992); Washington v. State, 972 S.W.2d 347, 348 (Mo.App.1998); Griffini v. Mitchell, 31 F.3d 690, 692 (8 th Cir.1994); Bullard v. State, 853 S.W.2d 921, 923 (Mo. banc), cert. denied,…
  • Losee v. Maschner, 113 F. Supp. 2d 1343 (S.D. Iowa 1998).published
    Thomas v. Arn, 474 U.S. 140, 155 , 106 S.Ct. 466 , 88 L.Ed.2d 435 (1985); Griffini v. Mitchell, 31 F.3d 690, 692 (8th Cir.1994); Halpin v. Shalala, 999 F.2d 342 , 345 & n. 1, 346 (8th Cir.1993); Thompson, 897 F.2d at 357 .
  • United States v. Paul W. Graber, 133 F.3d 923 (8th Cir. 1998).unpublished
    Graber failed to object to the magistrate judge's report and recommendation finding him in contempt, and the district court did not clearly or plainly err in finding Graber did not meet his burden of proving a "present inability to comply…
  • Thomas Miller v. Kelly Lock Jay Nixon, 108 F.3d 868 (8th Cir. 1997).published 2 cites
    Griffini v. Mitchell, 31 F.3d 690, 692 (8th Cir.1994) (citing Wainwright v. Sykes, 433 U.S. 72, 87 , 97 S.Ct. 2497, 2506-07 , 53 L.Ed.2d 594 (1977)).
  • Willie J. Williams v. Carl T. White, 68 F.3d 479 (8th Cir. 1995).unpublished
    Griffini v. Mitchell, 31 F.3d 690, 692 (8th Cir.1994). 6 Because there is no constitutional right to counsel in state postconviction proceedings, deficient performance of counsel in such proceedings cannot constitute cause to excuse proced…
  • Douglass v. United Svcs Auto, No. 95-50007 (5th Cir. July 12, 1996).published
  • Jimmy Scherrer v. Larry W. Norris, Acting Dir., Arkansas Dep't of Corr., 51 F.3d 278 (8th Cir. 1995).unpublished
  • Carl Edward Williams v. Catherine Lange, 62 F.3d 1422 (8th Cir. 1995).unpublished
  • Paul W. Douglass v. United Servs. Auto. Ass'n, 79 F.3d 1415 (5th Cir. 1996).published
  • United States v. Lonnie Horse Looking, 156 F.3d 803 (8th Cir. 1998).published
  • Tunstall v. Hopkins, 151 F. Supp. 2d 1049 (N.D. Iowa 2001).published
  • Agan v. Astrue, 922 F. Supp. 2d 730 (N.D. Iowa 2013).published
  • Henning v. Colvin, 943 F. Supp. 2d 969 (N.D. Iowa 2013).published
  • Brown v. Harris, No. 6:21-cv-06084 (W.D. Ark. Oct. 4, 2021).
  • Foster v. Soc. Sec. Admin. Comm'r, No. 6:21-cv-06104 (W.D. Ark. May 18, 2022).
  • Hildebrand v. Roberts, No. 1:21-cv-01064 (W.D. Ark. June 15, 2022).
  • McClure v. Bethell, No. 6:22-cv-06025 (W.D. Ark. June 15, 2022).
  • Russell v. Pilgreen, No. 4:22-cv-04024 (W.D. Ark. July 12, 2022).
  • Wesley v. Kinley, No. 1:22-cv-01026 (W.D. Ark. Sept. 30, 2022).
  • Walker v. Watson, No. 6:20-cv-06114 (W.D. Ark. Sept. 30, 2022).
  • Terrell v. Payne, No. 6:22-cv-06034 (W.D. Ark. Nov. 8, 2022).
  • Russell v. Adams, No. 4:22-cv-04035 (W.D. Ark. Nov. 14, 2022).
  • Raper v. Maxwell, No. 4:22-cv-04025 (W.D. Ark. Dec. 1, 2022).
  • Devine v. Walker, No. 4:18-cv-04156 (W.D. Ark. Mar. 8, 2023).
  • Hamilton v. Earl, No. 6:21-cv-06016 (W.D. Ark. Mar. 28, 2023).
  • Cullen v. Brinkley, No. 6:23-cv-06014 (W.D. Ark. Apr. 19, 2023).
  • Wesley v. Kinley, No. 1:22-cv-01026 (W.D. Ark. Apr. 19, 2023).
  • Thornton v. Walker, No. 4:22-cv-04114, 2023 WL 3063381 (W.D. Ark. Apr. 24, 2023).
  • Dellinger v. Butler, No. 4:22-cv-04115 (W.D. Ark. May 9, 2023).
  • Green v. Bassham, No. 6:23-cv-06015 (W.D. Ark. June 21, 2023).
  • Ybarra v. State of Arkansas, No. 4:23-cv-04055 (W.D. Ark. July 17, 2023).
  • Wesley v. Kinley, No. 1:22-cv-01026 (W.D. Ark. July 28, 2023).
  • Mitchell v. Warrington, No. 6:23-cv-06069 (W.D. Ark. Sept. 18, 2023).
  • Smith v. Walker, No. 4:22-cv-04005 (W.D. Ark. Sept. 19, 2023).
  • Stanley v. Gray, No. 4:22-cv-04036 (W.D. Ark. Sept. 27, 2023).
  • Stanley v. Gray, No. 4:22-cv-04036 (W.D. Ark. Sept. 28, 2023).
  • Dellinger v. Butler, No. 4:22-cv-04115 (W.D. Ark. Oct. 10, 2023).
  • Ybarra v. Little River Det. Ctr., No. 4:23-cv-04046 (W.D. Ark. Oct. 10, 2023).
  • Brainerd v. Ward, No. 4:23-cv-04066 (W.D. Ark. Nov. 22, 2023).
  • Whitson v. Felts, No. 6:23-cv-06079 (W.D. Ark. Dec. 19, 2023).
  • Maskell v. Green, No. 1:23-cv-01064 (W.D. Ark. Jan. 10, 2024).
  • Brainerd v. Ward, No. 4:23-cv-04067 (W.D. Ark. Jan. 19, 2024).
  • Butcher v. Martin, No. 1:23-cv-01077 (W.D. Ark. Jan. 22, 2024).
  • Owens v. Soc. Sec. Admin., No. 6:23-cv-06036 (W.D. Ark. Mar. 13, 2024).
  • Maskell v. Ross, No. 1:24-cv-01005 (W.D. Ark. Mar. 26, 2024).
  • Elder v. Smith, No. 6:22-cv-06105 (W.D. Ark. May 10, 2024).
  • Mack v. Easley, No. 4:24-cv-04016 (W.D. Ark. May 16, 2024).
  • United States v. Sutton, No. 2:23-cv-02100 (W.D. Ark. June 10, 2024).
  • Dewbre v. Comm'r of Soc. Sec., No. 5:18-cv-04055, 2019 WL 4344288 (N.D. Iowa Sept. 12, 2019).
  • Allaire v. Comm'r of Soc. Sec., 409 F. Supp. 3d 698 (N.D. Iowa 2019).published
  • Griffin v. Comm'r of Soc. Sec., No. 1:18-cv-00085, 2020 WL 733886 (N.D. Iowa Feb. 13, 2020).
  • Tahirovic v. Comm'r of Soc. Sec., No. 6:18-cv-02085 (N.D. Iowa Feb. 13, 2020).
  • Young v. Comm'r of Soc. Sec., No. 6:19-cv-02056 (N.D. Iowa Oct. 22, 2020).
  • Reuter v. Comm'r of Soc. Sec., No. 6:19-cv-02053, 2020 WL 6161405 (N.D. Iowa Oct. 21, 2020).
  • Scott v. Comm'r of Soc. Sec., No. 5:19-cv-04037 (N.D. Iowa Oct. 15, 2020).
  • Barto v. Comm'r of Soc. Sec., No. 5:21-cv-04016 (N.D. Iowa Aug. 18, 2022).
  • Perkins v. Crain, No. 4:23-cv-04040 (W.D. Ark. July 25, 2024).
  • Villarreal v. Watson, No. 4:23-cv-04099 (W.D. Ark. July 30, 2024).
  • Luna v. Gentry, No. 4:22-cv-04048 (W.D. Ark. Sept. 19, 2024).
  • Arnold v. Soc. Sec. Admin. Comm'r, No. 6:23-cv-06071 (W.D. Ark. Sept. 27, 2024).
  • Dudley v. Arkansas Ins. Dep't, No. 4:24-cv-04055 (W.D. Ark. Oct. 25, 2024).
  • Bailey v. United States, No. 5:24-cv-05007 (D.S.D. Jan. 10, 2025).
  • Jones v. French, No. 1:24-cv-01066 (W.D. Ark. Jan. 27, 2025).
  • Robinson v. State of Arkansas, No. 1:24-cv-01084 (W.D. Ark. Feb. 14, 2025).
  • Smith v. Bi Haven Investments, No. 4:24-cv-04105 (W.D. Ark. Mar. 10, 2025).
  • Love, Jr. v. Merch., No. 4:23-cv-04038 (W.D. Ark. Mar. 19, 2025).
  • Dudley v. State of Arkansas, No. 4:24-cv-04038 (W.D. Ark. Mar. 20, 2025).
  • Blue Bridge Fin., Inc. v. Morehead, No. 6:24-cv-06154 (W.D. Ark. Apr. 17, 2025).
  • Stafford v. Soc. Sec. Admin. Comm'r, No. 1:24-cv-01026 (W.D. Ark. June 25, 2025).
Retrieving the full opinion text from the archive…
Anthony GRIFFINI, Appellant,
v.
Cranston J. MITCHELL, Chairman of the Board of Probation and Parole of the State of Missouri, Appellee
93-2468.
Court of Appeals for the Eighth Circuit.
Aug 4, 1994.
Published opinion
31 F.3d 690
1994 U.S. App. LEXIS 20168
1994 WL 400299
Michael L. Skinner, St. Louis, MO, argued (John P. Pollard, on the brief), for appellant., John W. Simon, Asst. Atty. Gen., Jefferson City, MO, argued, for appellee.
McMillian, Arnold, Strom.
Cited by 123 opinions  |  Published
McMILLIAN, Circuit Judge.

Anthony Griffini appeals from a final order entered in the District Court [1] for the Eastern District of Missouri denying his petition for writ of habeas corpus. Griffini v. Purkett, No. 4:92CV343-DJS (E.D.Mo. Apr. 2, 1993) (judgment adopting recommendation of magistrate judge [2] ). For reversal, appellant argues the district court erred in finding that he failed to establish cause to excuse his procedural default and in adopting the magistrate judge’s report and recommendation without holding an evidentiary hearing. For the reasons discussed below, we affirm the judgment of the district court.

On September 23, 1988, appellant pleaded guilty in state court to four criminal offenses and was sentenced to a total of 5 years and 9 months imprisonment, to be served consecutively to sentences imposed for 3 prior convictions. The state trial court then suspended execution of the sentences and placed[*691] appellant on probation for a total of 3 years. In March 1989, while on probation, appellant committed additional crimes in violation of the conditions of his probation. The state charged appellant with 2 new criminal offenses and also sought revocation of probation. On January 26, 1990, pursuant to a plea agreement, appellant waived his right to a probation revocation hearing and admitted that he had violated his probation. The state trial court revoked his probation and ordered that the sentences previously imposed be executed. On the same day, appellant entered an Alford [3] plea to the 2 new offenses. The state trial court sentenced him to a total of 7 years imprisonment for these offenses, to be served concurrently with the newly executed sentences. The state trial court also granted appellant credit for the time he had spent in jail awaiting trial and sentencing.

On January 30, 1990, appellant was delivered to the state department of corrections and began serving his sentences. Appellant did not file a motion for post-conviction relief challenging his Alford plea. Mo.S.Ct.R. 24.-035(b) (motion must be filed within 90 days after delivery to state department of corrections). In May 1991, following a parole hearing, the state board of probation and parole notified appellant that he had been scheduled for release on parole on August 23, 1992. Appellant administratively appealed that decision; the appeal was denied in July 1991.

In February 1992 appellant filed a petition for writ of habeas corpus in federal district court claiming that he had received ineffective assistance of counsel in connection with his Alford plea. Appellant claimed that he had only agreed to plead guilty because his defense attorney promised him that, if he did so, he would be sentenced to 7 years imprisonment but would be paroled in 2 years “with no problem.” Appellant later amended his petition to add two claims — the state had suppressed his co-defendant’s recantation of his statement implicating him in the offenses that were the basis of the Alford plea and his defense attorney had misled him about the calculation of jail time credit. The district court referred the petition to the magistrate judge pursuant to 28 U.S.C. § 636(b).

The magistrate judge recommended denial of habeas relief. The magistrate judge characterized the petition as challenging only the Alford plea, thus rejecting the state’s characterization of the petition as a mixed petition. [4] Slip op. at 2. The magistrate judge concluded that appellant’s failure to file a Mo.S.Ct.R. 24.035 motion for post-conviction relief challenging his Alford plea was a procedural default which barred federal habeas review absent cause and prejudice. Id. at 3 — 4. Appellant argued that he could not have filed a Mo.S.Ct.R. 24.035 motion within 90 days of his delivery to the state department of corrections because he did not become aware of the factual basis for any of his claims “until long after the time limit had expired,” presumably referring to the state board’s May 1991 decision setting his parole release date as August 23, 1992. The magistrate judge rejected this argument and found no cause to excuse the procedural default. Id. at 6-7 (at time of delivery to state department of corrections, appellant was provided or had access to “face sheet” which, among other things, clearly informed him that his conditional release date was March 23, 1994, a[*692] date which exceeded appellant’s expectation of release sometime in 1992).

Although the magistrate judge’s report and recommendation expressly advised appellant that he had 11 days to file written objections and that failure to file timely objections may result in waiver of the right to appeal questions of fact, appellant did not file any written objections. The district court adopted the report and recommendation of the magistrate judge and denied the petition for habeas relief. This appeal followed. The district court granted appellant’s motions for leave to proceed in forma pauperis and for a certificate of probable cause. Appellant was released on parole in August 1993.

Appellant first argues the district court erred in finding that he had not shown cause for his procedural default. He argues that he could not have filed a timely Mo. S.CtR. 24.035 motion because the necessary facts were not reasonably available to him until after the period for filing such a motion had expired. Appellant also argues the district court erred in adopting the report and recommendation without holding an eviden-tiary hearing on this claim because the question of his knowledge or lack of knowledge was not resolved in a state court hearing and cannot be resolved on the basis of the written record.

Appellant’s failure to file any objections waived his right to de novo review by the district court of any portion of the report and recommendation of the magistrate judge as well as his right to appeal from the findings of fact contained therein. E.g., Thompson v. Nix, 897 F.2d 356, 357 (8th Cir.1990) (per curiam).

We have reviewed the magistrate judge’s findings of fact for plain error. Id., citing Nettles v. Wainwright, 677 F.2d 404, 410 (5th Cir. Unit B 1982) (banc). We find no plain error. Appellant admits that he never filed a Mo.S.Ct.R. 24.035 motion for post-conviction relief challenging the constitutionality of his Alford plea. The time period during which appellant could have filed such a motion expired 90 days after his delivery to the state department of corrections. The time limits for filing motions for post-conviction relief have been upheld by the Missouri Supreme Court. E.g., Bullard v. State, 853 S.W.2d 921, 922-23 (Mo.) (banc), cert. denied, — U.S. -, 114 S.Ct. 475, 126 L.Ed.2d 426 (1993). The failure to file a timely motion for post-conviction relief in the state court is a procedural default that will bar habeas review absent cause and prejudice. Wainwright v. Sykes, 433 U.S. 72, 87, 97 S.Ct. 2497, 2506-07, 53 L.Ed.2d 594 (1977). In the present case, the magistrate judge found no cause to excuse the procedural default because appellant was provided with, or had access to, his “face sheet” within 90 days of his delivery to the state department of corrections and thus knew, or should have known, during that time that his defense attorney had misinformed him about the amount of time he had to serve before parole. The magistrate judge’s reliance upon appellant’s timely access to his “face sheet” is not plain error.

Accordingly, we affirm the judgment of the district court.

1

. The Honorable Donald J. Stohr, United States District Judge for the Eastern District of Missouri.

2

. The Honorable Catherine D. Perry, United States Magistrate Judge for the Eastern District of Missouri.

3

. North Carolina v. Alford, 400 U.S. 25, 37-38, 91 S.Ct. 160, 167-68, 27 L.Ed.2d 162 (1970) (defendant may constitutionally consent to imposition of sentence even if he or she is unwilling or unable to admit participation in the acts constituting the crime when record strongly evidences guilt).

4

. The state read the petition as attacking the constitutional validity of both the Alford plea and the revocation of probation for the 1988 guilty pleas. The offenses that were the basis of the Alford plea were also used to revoke appellant’s probation; appellant had been placed on probation following the 1988 guilty pleas. Missouri law allows persons in custody to raise grievances concerning probation revocation by state habeas corpus, which, unlike motions for post-conviction relief, has no specific time limit. See Mo. S.Ct.R. 91; State ex rel. Robinson v. Corum, 716 S.W.2d 376 (Mo.Ct.App.1986). The state argued that although appellant could not timely file a motion for post-conviction relief with respect to his Alford plea and therefore had exhausted available state remedies with respect to that conviction, appellant could still file a state habeas petition challenging the revocation of probation and therefore had not exhausted available state remedies with respect to those convictions.