Jose Ramon Pedraza v. Leslie Dismukes, et al.

Summary

The United States District Court for the Middle District of North Carolina reviews and adopts a Magistrate Judge’s recommendation to dismiss Jose Ramon Pedraza’s petition as time barred. Because no objections were filed, the court applies clear-error review and dismisses the action, with judgment to follow.

Holdings

1. When no objections are filed, the district court need only determine whether the recommendation contains clear error on the face of the record before accepting it.
2. The magistrate judge's recommendation was adopted, except for footnote 2, and the action was dismissed.

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 based on the magistrate judge's determination that the petition was time barred.

Disposition

dismissed