2:25-cv-00946•Carstarphen v. Warden Lorain Correctional Institution
Full text
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO EASTERN DIVISION JAMES T. CARSTARPHEN, Petitioner, v. Case Number 2:25-cv-946 JUDGE EDMUND A. SARGUS, JR. Magistrate Judge Peter B. Silvain, Jr. WARDEN LORAIN CORRECTIONAL INSTITUTION, Respondent. ORDER This matter is before the Court on a Report and Recommendation filed by the Magistrate Judge on November 5, 2025. (ECF No. 4.) The Magistrate Judge recommends that Petitioner James T. Carstarphen’s Petition for Writ of Habeas Corpus under 28 U.S.C. § 2254 be dismissed for lack of prosecution. (Id.) After Petitioner filed his Petition and Motion for Leave to Proceed in forma pauperis (ECF No. 1), the Court issued a Deficiency Order requiring Petitioner, within 30 days, to pay the full filing fee of $5.00 or submit a completed Application and Affidavit By Incarcerated Person to Proceed Without Prepayment of Fees form (ECF No. 2). Petitioner was warned that failure to comply could result in dismissal of his Petition for want of prosecution. (ECF No. 2.) Petitioner failed to comply, however, and the Court issued an Order to Show Cause as to why the case should not be dismissed, again warning failure to comply would result in dismissal for want of prosecution. (ECF No. 3.) The parties were advised of their right to object to the Report and Recommendation and of the consequences of failing to do so (ECF No. 4, PageID 98), but did not do so. The Court Case: 2:25-cv-00946-EAS-PBS Doc #: 5 Filed: 12/04/25 Page: 1 of 2 PAGEID #: <pageID>
2 ADOPTS and AFFIRMS the Magistrate Judge’s Report and Recommendation. (ECF No. 4.) This matter is DISMISSED for lack of prosecution. Petitioner’s Motion for Leave to Proceed in forma pauperis is DENIED as moot. (ECF No. 1.) The Clerk is DIRECTED to enter judgment and close the case. IT IS SO ORDERED. 12/4/2025 s/Edmund A. Sargus, Jr. DATE EDMUND A. SARGUS, JR. UNITED STATES DISTRICT JUDGE Case: 2:25-cv-00946-EAS-PBS Doc #: 5 Filed: 12/04/25 Page: 2 of 2 PAGEID #: <pageID>
Wondering how this text applies to your situation?
Free consultation, no commitment
Describe your situation. Our team will contact you by email about your consultation.
Continue your research in ChatGPT or Claude
Connect Omnilex to search the legal corpus from your AI assistant.