ORDER

STEPHEN P. FRIOT, District Judge.

Petitioner, a state prisoner appearing pro se whose pleadings are liberally construed, brings this action seeking habeas relief under 28 U.S.C. § 2254.

The magistrate judge entered a Report and Recommendation in this matter on April 23, 2014 (the Report), recommending the petition be dismissed without prejudice after preliminary review, for failure to exhaust available state judicial remedies. Doc. no. 9. The Report also recommends that petitioner's motion for appointment of counsel be denied.

Petitioner filed an objection to the Report on May 6, 2014. Doc. no. 13. The court reviews all objected to issues de novo. After de novo review, and having considered defendant's objection, the court concurs with the magistrate judge's determinations and concludes that it would not be useful to cite any additional arguments or authorities here. Accordingly, the Report and Recommendation is ACCEPTED, ADOPTED and AFFIRMED in its entirety. After preliminary review, this action is DISMISSED without prejudice for failure to exhaust available state judicial remedies. Petitioner's motion for appointment of counsel is DENIED. Doc. no. 6.

Petitioner filed two motions after the entry of the Report. The first of these is an application to proceed in forma pauperis. Doc. no. 11. Petitioner has already paid the filing fee. For this reason, and also because this order dismisses this action, petitioner's motion to proceed in forma pauperis is DENIED as moot. Petitioner's other recent motion seeks appointment of counsel. Doc. no. 12. This motion is redundant of the earlier-filed motion for appointment of counsel, already denied. The recently-filed motion for appointment of counsel is DENIED.

A certificate of appealability is DENIED.