Hart v. Haviland

Filing 25

Memorandum of Opinion and Order For the reasons set forth herein, the Report and Recommendation of the Magistrate Judge (ECF No. 22 ) is hereby adopted. Houston Hart's Petition for a Writ of Habeas Corpus will be dismissed.The Court certifies that there is no basis upon which to issue a certificate of appealability. Judge Benita Y. Pearson on 3/24/2021. (JLG)

Case: 3:17-cv-02614-BYP Doc #: 25 Filed: 03/24/21 1 of 2. PageID #: 842

PEARSON, J.
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF OHIO
EASTERN DIVISION

HOUSTON HART,
Petitioner,
v.
JAMES HAVILAND,
Respondent.

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CASE NO. 3:17-CV-2614

JUDGE BENITA Y. PEARSON

MEMORANDUM OF OPINION AND
ORDER

Petitioner Houston Hart filed a Petition for a Writ of Habeas Corpus pursuant to 28
U.S.C. § 2254 (ECF No. 1) alleging three grounds for relief. Each ground for relief challenges or
purports to challenge the constitutionality of his conviction and sentence in the Lucas County
Court of Common Pleas, Case No. CR 13-2359. A Lucas County Grand Jury indicted Petitioner
on two counts of murder. Petitioner was convicted on one count. Petitioner was sentenced to
life in prison with parole eligibility after 15 years.
The case was referred to Magistrate Judge William H. Baughman for preparation of a
report and recommendation pursuant to 28 U.S.C. § 636 and Local Rule 72.2(b)(2). On March 3,
2021, Magistrate Judge Baughman issued his Report and Recommendation (ECF No. 22). In his
Report, Magistrate Judge Baughman recommends that the Court dismiss the habeas petition in its
entirety, because Petitioner’s first and second grounds for relief are not cognizable in federal
habeas review, and Petitioner’s third ground for relief is procedurally defaulted. ECF No. 22 at
PageID #: 833-34.

Case: 3:17-cv-02614-BYP Doc #: 25 Filed: 03/24/21 2 of 2. PageID #: 843

(3:17-CV-2614)
Fed. R. Civ. P. 72(b)(2) provides that objections to a report and recommendation must be
filed within 14 days after service. Objections to the Report were due, therefore, on March 17,
2021. To date, neither party has filed any such objections. Any further review would be
duplicative and an inefficient use of the Court’s limited resources. Thomas v. Arn, 728 F.2d 813
(6th Cir. 1984), aff’d, 474 U.S. 140 (1985); Howard v. Secretary of Health and Human Services,
932 F.2d 505 (6th Cir. 1991); United States v. Walters, 638 F.2d 947, 949-50 (6th Cir. 1981).
Accordingly, the Report and Recommendation of the magistrate judge is hereby adopted.
Houston Hart’s Petition for a Writ of Habeas Corpus will be dismissed.
The Court certifies that there is no basis upon which to issue a certificate of appealability.
28 U.S.C. § 2253(c); Fed. R. App. P. 22(b).

IT IS SO ORDERED.

March 24, 2021
Date

/s/ Benita Y. Pearson
Benita Y. Pearson
United States District Judge