Terrance Turner v. Social Security Administration

Summary

The United States District Court for the Eastern District of North Carolina reviewed a magistrate judge’s recommendation to dismiss Terrance Turner’s complaint against the Social Security Administration for failure to exhaust administrative remedies. The court overruled Turner’s objections, adopted the recommendation, dismissed the complaint without prejudice, and denied his application to proceed in forma pauperis as moot.

Holdings

1. When a party timely objects to specified portions of a magistrate judge's report or recommendation, the district court must conduct a de novo determination of those portions.
2. The complaint was properly dismissed without prejudice for failure to exhaust administrative remedies.
3. The application to proceed in forma pauperis was denied as moot following dismissal of the complaint.

Questions Presented

1. Whether the district court should accept the magistrate judge's recommendation to dismiss the complaint for failure to exhaust administrative remedies.
2. What standard of review applies to the magistrate judge's memorandum and recommendation when the plaintiff timely objects.
3. Whether Turner's application to proceed in forma pauperis should be denied as moot after dismissal of the complaint.

Disposition

dismissed