Edwin Holliday v. State Employee Credit Union

Summary

The United States District Court for the Eastern District of North Carolina adopts a magistrate judge's recommendation to dismiss Edwin Holliday's complaint for failure to prosecute. The court also denies Holliday's application to proceed in forma pauperis without prejudice after finding no clear error and no timely objections.

Holdings

1. When no specific and timely objection is filed to a magistrate judge's recommendation, the district court reviews the recommendation for clear error and may adopt it without providing an explanation.
2. The complaint was properly dismissed for failure to prosecute, and the application to proceed in forma pauperis was denied without prejudice.

Questions Presented

1. Whether the district court should adopt the magistrate judge's recommendation when no party filed a timely objection.
2. Whether the complaint should be dismissed for failure to prosecute and the application to proceed in forma pauperis denied without prejudice.

Disposition

dismissed