Eric Dorsey v. Warden, FCI Beckley

Summary

The United States District Court for the Southern District of West Virginia dismissed Eric Dorsey’s 28 U.S.C. § 2241 habeas petition under Federal Rule of Civil Procedure 41(b) for failure to prosecute after he failed to pay the filing fee or submit an application to proceed without prepayment of fees. The court adopted the magistrate judge’s proposed findings and recommendation, denied without prejudice the motion to waive exhaustion, and granted leave to refile if Dorsey had not received notice of the recommendation.

Holdings

1. The district court was not required to conduct de novo review of the magistrate judge's factual or legal conclusions because Petitioner filed no objections.
2. The action was dismissed under Federal Rule of Civil Procedure 41(b) for failure to prosecute.
3. Petitioner's motion to waive the requirement to exhaust administrative remedies was denied without prejudice.

Questions Presented

1. Whether the action should be dismissed for failure to prosecute under Federal Rule of Civil Procedure 41(b) after Petitioner failed to pay the filing fee or submit an application to proceed without prepayment despite repeated notices.
2. Whether the court was required to conduct de novo review of the magistrate judge's PF&R when Petitioner filed no objections.
3. Whether Petitioner's motion to waive exhaustion of administrative remedies should be denied without prejudice.

Disposition

dismissed