UNITED STATES COURT OF APPEALS 

FOR THE TENTH CIRCUIT 

_________________________________ 

STEVEN I. MALDONADO, 

 Petitioner - Appellant, 

v. 

FNU MARTHENZ, Warden; ATTORNEY 

GENERAL OF THE STATE OF NEW 

MEXICO, 

 Respondents - Appellees. 

No. 24-2032 

(D.C. No. 2:20-CV-00507-MV-GJF) 

(D. N.M.) 

_________________________________ 

ORDER DENYING CERTIFICATE OF APPEALABILITY*

_________________________________ 

Before PHILLIPS, BALDOCK, and FEDERICO, Circuit Judges. 

_________________________________ 

Steven Maldonado, a New Mexico prisoner, filed a pro se application for habeas 

corpus relief under 28 U.S.C. § 2254. A magistrate judge recommended his application 

be denied. The recommendation was filed January 18, 2024, and served on 

Mr. Maldonado. It advised him that if he did not file objections within 14 days, appellate 

review would not be allowed. Mr. Maldonado did not file objections. On February 14, 

2024, the district court adopted the recommendation. Mr. Maldonado now applies for a 

certificate of appealability (COA). See 28 U.S.C. § 2253(c)(1)(A). 

*

 This order is not binding precedent except under the doctrines of law of the case, 

res judicata, and collateral estoppel. It may be cited, however, for its persuasive value 

consistent with Fed. R. App. P. 32.1 and 10th Cir. R. 32.1. 

FILED 

United States Court of Appeals 

Tenth Circuit 

September 11, 2024

Christopher M. Wolpert 

Clerk of Court

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2 

Although we construe Mr. Maldonado’s filings liberally, he must follow the same 

rules of procedure as other litigants. Garrett v. Selby Connor Maddux & Janer, 425 F.3d 

836, 840 (10th Cir. 2005). One such rule is that “a party who fails to make a timely 

objection to the magistrate judge’s findings and recommendations waives appellate 

review of both factual and legal questions.” Morales-Fernandez v. I.N.S., 418 F.3d 1116, 

1119 (10th Cir. 2005). We apply this firm waiver rule to pro se litigants, “provided they 

were informed of the time period for objecting and the consequences of failing to object,” 

as Mr. Maldonado was. Wardell v. Duncan, 470 F.3d 954, 958 (10th Cir. 2006). 

We may make exceptions to this rule “when the interests of justice so dictate.” 

Johnson v. Reyna, 57 F.4th 769, 778 (10th Cir. 2023) (internal quotation marks omitted). 

“To determine whether this exception applies, we consider three factors: [1] a pro se

litigant’s effort to comply, [2] the force and plausibility of the explanation for his failure 

to comply, and [3] the importance of the issues raised.” Id. (internal quotation marks 

omitted). 

The interests of justice do not require making an exception here. After the court 

directed Mr. Maldonado to show cause why he had not waived appellate review, he filed 

a letter indicating he had received the magistrate judge’s recommendation on January 23, 

but could not afford postage and an envelope to respond until February 4. However, he 

did not file objections on February 4, or at any time either before or after the district court 

adopted the magistrate judge’s recommendation, on February 14.1

 He filed a notice of 

1

 Mr. Maldonado filed an inmate trust account statement with his motion to 

proceed without prepayment of costs and fees, from which we might infer that he was 

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3 

appeal, postmarked February 22, but he did not raise objections to the recommendation, 

ask the district court to consider objections out of time, or explain why he had not filed 

timely objections. Further, and significantly, in his COA application, Mr. Maldonado 

only restates his § 2254 claims. He has not invoked or argued for the interests of justice 

exception to the firm waiver rule. He does not acknowledge the magistrate judge’s 

recommendation or address the reasons it gave for denying his § 2254 application. In 

these circumstances, Mr. Maldonado has not shown that he made efforts to comply with 

the requirement to file objections to the magistrate judge’s recommendation in district 

court, and he has not identified issues of such importance that we will overlook his failure 

to object in the interests of justice. See Johnson, 57 F.4th at 778. 

Accordingly, Mr. Maldonado waived his right to appellate review, and we will not 

overlook that waiver. His request for a COA is denied and this matter is dismissed. 

Mr. Maldonado’s motion to proceed without prepayment of costs or fees is granted. 

Entered for the Court 

Bobby R. Baldock 

Circuit Judge 

unable to afford an envelope and postage before February 15, rather than February 4. But 

even if we liberally construe his filings to consider the later date, that does not change our 

result. Whichever date is correct, he did not file any objections or explain his 

untimeliness once he was able to do so. 

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