Mirabile v. Warden Richland Correctional Institution

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION
Tyler Mirabile,
Petitioner,
V.
Warden Richland Correctional
Institution,
Respondent.
CaseNo. 2:25-cv-1159
Judge Michael H. Watson
Magistrate Judge Jolson
ORDER
Petitioner filed a (mostly blank) petition for a writ of habeas corpus, ECF
No. 1, without either paying the $5 filing fee or moving for leave to proceed in
forma pauperis. Notice of Deficiency, ECF No. 2. Accordingly, the Magistrate
Judge ordered Petitioner to pay the filing fee or move for leave to proceed in
forma pauperis within thirty days. Order, ECF No. 3. Petitioner failed to comply,
so the Magistrate Judge ordered Petitioner to show cause as to why his petition
should not be dismissed for failure to prosecute. Order, ECF No. 4. Petitioner
failed to respond to the show cause order. Next, the Magistrate Judge
recommended that the Court dismiss Petitioner's Petition for failure to prosecute,
notified Petitioner of his right to object to that recommendation, and warned him
of the consequences of failing to do so. R&R, ECF No. 5. Petitioner again failed
to respond. In short, in October 2025, Petitioner filed a Petition for a writ of
habeas corpus that contained no grounds for relief, and he has filed nothing
Case: 2:25-cv-01159-MHW-KAJ Doc #: 6 Filed: 02/27/26 Page: 1 of 2 PAGEID #: <pageID>

since then. Accordingly, the Court ADOPTS the R&R and DISMISSES
WITHOUT PREJUDICE the Petition pursuant to Federal Rule of Civil Procedure
41(b). The Clerk shall enter judgment for Respondent and terminate this case.
IT IS SO ORDERED.
ICHAEL H. WATSON, JUDGE
UNITED STATES DISTRICT COURT
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