Aery v. Beitel

Patrick J. Schiltz United States District Judge

James Paul Aery, pro se.

ORDER

Patrick J. Schiltz United States District Judge

This matter is before the Court on plaintiff James Paul Aery's objection to the May 13, 2022 Report and Recommendation (“R&R”) of Magistrate Judge Leo I. Brisbois. Judge Brisbois recommends denying Aery's petition for a writ of habeas corpus without prejudice and denying his application to proceed in forma pauperis. The Court has conducted a de novo review. See 28 U.S.C. § 636(b)(1); Fed.R.Civ.P. 72(b). Based on that review, the Court adopts the R&R.

ORDER

Based on all of the files, records, and proceedings herein, the Court OVERRULES plaintiff's objection [ECF No. 6] and ADOPTS the R&R [ECF No. 5]. Accordingly, IT IS HEREBY ORDERED THAT:

1. Plaintiff's petition for a writ of habeas corpus [ECF No. 1] is DENIED WITHOUT PREJUDICE;

2. Plaintiff's application to proceed in forma pauperis [ECF No. 2] is DENIED; and

3. No certificate of appealability shall be issued.

LET JUDGMENT BE ENTERED ACCORDINGLY.