Mitchell v. Luneke

UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF OHIO
WESTERN DIVISION
Michael Mitchell, 	Case No. 3:25-cv-608
Petitioner,
v. 	ORDER AND
JUDGMENT ENTRY
Warden Shelbie Smith,
Respondent.
Before me is the April 27, 2026 Report and Recommendation of Magistrate Judge Carmen
E. Henderson, recommending I deny pro se Petitioner Michael Mitchell’s petition for a writ of habeas
corpus under 28 U.S.C. § 2254 because his claims are procedurally defaulted.1 (Doc. No. 11).
Under the relevant statute, “[w]ithin fourteen days after being served with a copy, any party
may serve and file written objections to such proposed findings and recommendations as provided
by rules of court.” 28 U.S.C. § 636(b)(1); United States v. Walters, 638 F.2d 947, 949 (6th Cir. 1981).
The deadline to file objections was May 11, 2026. The Petitioner has not filed any objections and
that deadline has passed.
The failure to file written objections to the Magistrate Judge’s Report and Recommendation
constitutes a waiver of a determination by the district court of an issue covered in the report.
Thomas v. Arn, 728 F.2d 813, 815 (6th Cir. 1984), aff’d, 474 U.S. 140 (1985); see also Walters, 638 F.2d
1 	Mitchell is incarcerated at the Belmont Correctional Institution in St. Clairsville, Ohio, where
Shelbie Smith currently is the Warden. Therefore, I hereby order the Clerk’s Office to substitute
Smith as the Respondent in this case. See Fed. R. Civ. P. 25(d).
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at 950; Smith v. Detroit Fed’n of Teachers, Local 231, 829 F.2d 1370, 1373 (6th Cir. 1987) (“[O]nly those
specific objections to the magistrate’s report made to the district court will be preserved for
appellate review”).
Following my review of the Magistrate Judge’s Report and Recommendation, I adopt Judge
Henderson’s recommendation (Doc. No. 9) and deny Michael Mitchell’s petition for a writ of
habeas corpus. Further, I certify there is no basis on which to issue a certificate of appealability. 28
U.S.C. § 2253; Fed. R. App. P. 22(b).
So Ordered.
s/ Jeffrey J. Helmick
United States District Judge
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