Harris v. Wainwright, No. 1:2021cv00860 - Document 13 (N.D. Ohio 2024)

Court Description: Opinion and Order Adopting 12 Report and Recommendation, incorporates it fully herein by reference, and DENIES and DISMISSES the Petition. The Court also CERTIFIES, pursuant to 28 U.S.C. § 1915(a)(3), that an appeal from this decision cannot be taken in good faith, and that there is no basis upon which to issue a certificate of appealability. Fed. R. App. P. 22(b); 28 U.S.C. § 2253(c). Judge Charles Esque Fleming on 1/24/2024. (S,SR)

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Harris v. Wainwright Doc. 13 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION LOWELL HARRIS, Petitioner, vs. WARDEN LYNEAL WAINWRIGHT, Respondent. CASE NO. 1:21-CV-00860 ) ) ) ) ) ) ) ) ) ) JUDGE CHARLES ESQUE FLEMING MAGISTRATE JUDGE JAMES E. GRIMES, JR. OPINION AND ORDER ADOPTING MAGISTRATE’S REPORT AND RECOMMENDATION On April 26, 2021, Petitioner Lowell Harris (“Petitioner”) filed a Petition for Writ of Habeas Corpus (“Petition”), pursuant to 28 U.S.C. § 2254. (ECF No. 1). On December 8, 2023, Magistrate Judge James E. Grimes, Jr. filed a Report and Recommendation (“R&R”) recommending that the Court deny and dismiss the Petition. (ECF No. 12). Fed. R. Civ. P. 72(b)(2) provides that the parties may object to a Magistrate Judge’s R&R within 14 days after service. The R&R also gave the parties notice of the 14-day time limit for filing objections. (ECF No. 12, PageID# 1342). This Court gave Petitioner significantly longer— over 45 days—to object to the R&R, but as of the date of this Order, no objections have been filed. Under the Federal Magistrates Act, a district court must conduct a de novo review of those portions of the R&R to which the parties have objected. 28 U.S.C. § 636(b)(1)(C); Fed. R. Civ. P. 72(b)(3). Absent objection, a district court may adopt a R&R without further review. See Peretz v. United States, 501 U.S. 923, 939 (1991); Thomas v. Arn, 474 U.S. 140, 141-42 (1985). 1 Dockets.Justia.com Accordingly, the Court ADOPTS Magistrate Judge Grimes’s R&R, incorporates it fully herein by reference, and DENIES and DISMISSES the Petition. The Court also CERTIFIES, pursuant to 28 U.S.C. § 1915(a)(3), that an appeal from this decision cannot be taken in good faith, and that there is no basis upon which to issue a certificate of appealability. Fed. R. App. P. 22(b); 28 U.S.C. § 2253(c). IT IS SO ORDERED. Date: January 24, 2024 ____________________________________ CHARLES ESQUE FLEMING UNITED STATES DISTRICT JUDGE 2

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