Haines v. Smith

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF OHIO
EASTERN DIVISION
DOUGLAS J. HAINES,
Petitioner,
vs.
WARDEN SHELBIE SMITH,
Respondent.
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CASE NO. 1:24-CV-02134
JUDGE CHARLES ESQUE FLEMING
MAGISTRATE JUDGE
JAMES E. GRIMES JR.
OPINION AND ORDER ADOPTING
MAGISTRATE’S REPORT AND
RECOMMENDATION
On December 5, 2024, Petitioner Douglas J. Haines (“Petitioner”) filed a Petition for Writ
of Habeas Corpus (“Petition”), pursuant to 28 U.S.C. § 2254. (ECF No. 1). On October 29, 2025,
Magistrate Judge James E. Grimes filed a Report and Recommendation (“R&R”) recommending
that the Court deny and dismiss the Petition. (ECF No. 11).
Fed. R. Civ. P. 72(b)(2) provides that a party may object to a Magistrate Judge’s R&R
within 14 days after service. 	The R&R also gave Petitioner notice of the 14-day time limit for
filing objections. (Id. at PageID #480). On October 29, 2025, a copy of the R&R was mailed to
Petitioner at the Belmont Correctional Institution. 	(Id.). 	On December 1, 2025, Petitioner
requested an extension of time to file objections to the R&R. 	(ECF No. 12). 	On December 3,
2025, the Court ordered Petitioner to file any objections by January 2, 2026. 	(Order [non-
document] dated 12/3/2025). Petitioner has not filed any objections to date.
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 an R&R without further review. 	See
Peretz v. United States, 501 U.S. 923, 939 (1991); Thomas v. Arn, 474 U.S. 140, 141–142 (1985).
Case: 1:24-cv-02134-CEF Doc #: 13 Filed: 01/06/26 1 of 2. PageID #: <pageID>

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Accordingly, the Court ADOPTS Magistrate Judge Grimes’ 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 6, 2026
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CHARLES ESQUE FLEMING
UNITED STATES DISTRICT JUDGE
Case: 1:24-cv-02134-CEF Doc #: 13 Filed: 01/06/26 2 of 2. PageID #: <pageID>