Derrick Nashion Reid v. State of North Carolina et al.

Summary

The United States District Court for the Middle District of North Carolina adopts a magistrate judge’s recommendation and dismisses Derrick Nashion Reid’s action without prejudice. The dismissal is based on the petitioner’s failure to pay the filing fee or submit a signed in forma pauperis application and failure to use the proper § 2254 form.

Holdings

1. When no objections are filed to a magistrate judge's recommendation, the district court need only determine whether the recommendation contains clear error on the face of the record.
2. A § 2254 action may be dismissed without prejudice when the petitioner has not paid the filing fee or submitted a signed application to proceed in forma pauperis and has not used the proper § 2254 form.

Questions Presented

1. Whether the district court should accept the magistrate judge's recommendation when no party filed objections.
2. Whether the action should be dismissed without prejudice because the filing fee or a signed in forma pauperis affidavit was not submitted and the petition was not filed on the proper § 2254 form.

Disposition

dismissed