Himes v. Warden of Belmont Correctional Institution

Filing 16

Order Adopting Report and Recommendation re 3 Petition for Writ of Habeas Corpus (2241), 15 Report and Recommendation and dismissing the Petition with prejudice. Judge Lesley Wells on 7/15/11. (E,P)

IN THE UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF OHIO
EASTERN DIVISION

-----------------------------------------------------WILLIAM J. HIMES
Petitioner,
-vsMICHELE EBERLIN MILLER,
Warden, Belmont Correctional Institution

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CASE NO. 4:10 CV 2304

ORDER ADOPTING REPORT AND
RECOMMENDATION AND
DISMISSING THE PETITION WITH
PREJUDICE

Respondent.
-----------------------------------------------------UNITED STATES DISTRICT JUDGE LESLEY WELLS
Proceeding pro se, plaintiff William Himes brings a habeas corpus petition,
pursuant to 28 U.S.C. § 2254, challenging the constitutionality of his convictions
following a jury trial. This matter was referred to United States Magistrate Judge
George J. Limbert for a Report and Recommendation (“R&R”) pursuant to Local Civil
Rule 72.2. (Doc. 9). In his R&R, Magistrate Judge Limbert finds the pro se petitioner’s
constitutional claims procedurally barred pursuant to the terms laid down in Maupin v.
Smith, 785 F.2d 135, 138 (6th Cir. 1986). (Doc. 15). Accordingly, he recommends this
Court grant the Respondent’s motion to dismiss the petition and dismiss with prejudice.
No party has objected to the Magistrate Judge’s R&R. Therefore, this Court will
presume the parties are satisfied with the determination. Any further review by this
Court would be a duplicative and inefficient use of the Court’s limited resources.
Thomas v. Arn, 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 (6th Cir.
1981).
Accordingly, the Magistrate Judge’s R&R is adopted. Mr. Himes’ petition will be
dismissed with prejudice.

IT IS SO ORDERED.

/s/Lesley Wells
UNITED STATES DISTRICT JUDGE

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