Opinion
Case No. 21-cv-0930 (WMW/DTS) Case No. 21-cv-1232 (WMW/DTS)
06-30-2021
Earl Lionell Ward, Petitioner, v. Tracey S Beltz, Warden, Respondent.
ORDER ADOPTING REPORT AND RECOMMENDATION
This matter is before the Court on the May 3, 2021, and May 28, 2021 Reports and Recommendations (R&Rs) of United States Magistrate Judge David T. Schultz. (Case No. 21-cv-0930, Dkt. 12.; Case No. 21-cv-1232, Dkt. 7.) No objections to the R&Rs have been filed. In the absence of timely objections, this Court reviews an R&R for clear error. See Fed. R. Civ. P. 72(b); Grinder v. Gammon, 73 F.3d 793, 795 (8th Cir. 1996) (per curiam). Having reviewed the R&Rs, the Court finds no clear error.
It is possible that Petitioner Earl Lionell Ward intended the filing of his habeas petition in Case No. 21-cv-1232 to constitute an objection to the R&R in Case No. 21-cv-0930. However, Ward's filing in Case No. 21-cv-1232 does not identify an error of law or fact in the R&R in Case No. 21-cv-0930. Therefore, to the extent that Ward intended to object to the R&R in Case No. 21-cv-0930, that objection is overruled.
Based on the R&Rs and all the files, records and proceedings herein, IT IS HEREBY ORDERED:
1. The May 3, 2021 R&R, (Case No. 21-cv-0930, Dkt. 12), is ADOPTED.
2. Petitioner Earl Lionell Ward's petition for a writ of habeas corpus, (Case No. 21-cv-0930, Dkt. 1), is DISMISSED WITHOUT PREJUDICE.
3. Petitioner Earl Lionell Ward's motion to appoint counsel, (Case No. 21-cv-0930, Dkt. 2), is DENIED AS MOOT.
4. The May 28, 2021 R&R, (Case No. 21-cv-1232, Dkt. 7), is ADOPTED.
5. Petitioner Earl Lionell Ward's petition for a writ of habeas corpus, (Case No. 21-cv-1232, Dkt. 1), is DISMISSED WITHOUT PREJUDICE.
6. Petitioner Earl Lionell Ward's motion to appoint counsel, (Case No. 21-cv-1232, Dkt. 2), is DENIED AS MOOT.
7. A certificate of appealability, see 28 U.S.C. § 2253(c), SHALL NOT ISSUE.
LET JUDGMENT BE ENTERED ACCORDINGLY. Dated: June 30, 2021
s/Wilhelmina M. Wright
Wilhelmina M. Wright
United States District Judge