Jacob Ferguson v. Warden, Belmont Correctional Institution

Summary

The United States Magistrate Judge recommends dismissing without prejudice and terminating Jacob Ferguson’s earlier habeas case, No. 2:25-cv-1426, because it is duplicative of his later case, No. 2:26-cv-89, and challenges the same state-court judgment. The order permits Ferguson to continue proceeding in the later case and directs the Clerk to file the order in both cases. It also sets forth the procedure and deadline for objections under Federal Rule of Civil Procedure 72(b).

Holdings

1. The magistrate judge recommended dismissing Case No. 2:25-cv-1426 without prejudice and terminating it on the docket because it duplicated Case No. 2:26-cv-89 and challenged the same state-court judgment.

Questions Presented

1. Whether duplicative federal habeas petitions challenging the same state-court judgment should be consolidated or whether the earlier action should be dismissed without prejudice.
2. Whether the earlier habeas action should be terminated because the petitioner failed to pay the filing fee or seek leave to proceed in forma pauperis.

Disposition

other