Opinion
23-CV-2805 (PJS/DLM) 23-CV-2806 (PJS/DLM)
11-28-2023
EUGENE NATHANIEL ARNOLD, III, Petitioner, v. JOEL BROTT, Respondent. EUGENE NATHANIEL ARNOLD, III, Petitioner, v. SHERIFF DAWANNA WITT, Respondent.
ORDER
Patrick J. Schiltz, Chief Judge.
This matter is before the Court on the objections of petitioner Eugene Arnold to the October 18, 2023, Report and Recommendation (“R&R”) of Magistrate Judge Douglas L. Micko. Judge Micko recommends that Arnold's habeas petitions be dismissed without prejudice for failure to exhaust state remedies. The Court has conducted a de novo review. 28 U.S.C. § 636(b)(1); Fed.R.Civ.P. 72(b). Based on that review, the Court overrules Arnold's objections and adopts Judge Micko's R&R.
Based on the foregoing, and on all of the files, records, and proceedings herein, IT IS HEREBY ORDERED THAT:
1. Petitioner's objections [Case No. 23-CV-2805, ECF Nos. 9, 11; Case No. 23-CV-2806, ECF Nos. 10, 13] are OVERRULED.
2. The Report and Recommendation [Case No. 23-CV-2805, ECF No. 8; Case No. 23-CV-2806, ECF No. 9] is ADOPTED.
3. Petitioner's petitions for writ of habeas corpus [Case No. 23-CV-2805, ECF No. 1; Case No. 23-CV-2806, ECF No. 1] are DISMISSED WITHOUT PREJUDICE.
4. Petitioner's applications to proceed in forma pauperis [Case No. 23-CV-2805, ECF No. 5; Case No. 23-CV-2806, ECF No. 7] are DENIED.
5. No certificates of appealability will issue.
LET JUDGMENT BE ENTERED ACCORDINGLY.