Kinnett v. State of Ohio et al

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT DAYTON
DUSTIN M. KINNETT,
Plaintiff,
vs.
STATE OF OHIO et al.,
Defendants.
:
:
:
:
:
:
:
:
:
:
:
Case No. 3:25-cv-248
District Judge Thomas M. Rose
Magistrate Judge Caroline H. Gentry
ENTRY AND ORDER ADOPTING REPORT AND RECOMMENDATION TO
DENY IN FORMA PAUPERIS STATUS AND ORDER PLAINTIFF TO PAY THE
FILING COSTS (DOC. NO. 7)
Currently before the Court is the Report and Recommendation to Deny in forma pauperis
Status and Order Plaintiff to Pay the Filing Costs (the “Report”) (Doc. No. 7) issued by Magistrate
Judge Caroline H. Gentry. In the Report, Magistrate Judge Gentry recommends that Plaintiff’s
Motion for Leave to Proceed in forma pauperis (Doc. No. 1) be denied and that Plaintiff be ordered
to pay the Court’s $405.00 filing fee. (Doc. No. 7 at PageID 53–54.)
As required by 28 U.S.C. § 636(b) and Federal Rule of Civil Procedure 72(b), the Court
has made a de novo review of the record in this case. Noting that no objections to Magistrate Judge
Gentry’s Report have been filed and that the time for filing such objections under Fed. R. Civ. P.
72(b) has expired, the Court hereby ADOPTS the Report and Recommendation to Deny in forma
pauperis Status and Order Plaintiff to Pay the Filing Costs (Doc. No. 7).
It is therefore ORDERED that:
1. Plaintiff’s Motion for Leave to Proceed in forma pauperis
(Doc. No. 1) is DENIED;
2. Plaintiff shall pay the $405.00 filing fee within 30 days of
this Entry and Order; and
Case: 3:25-cv-00248-TMR-CHG Doc #: 11 Filed: 02/02/26 Page: 1 of 2 PAGEID #: <pageID>

2
3. Plaintiff is placed on NOTICE that if he fails to timely pay
the full filing fee, his case may be dismissed for failure to
prosecute. See Fed. R. Civ. P. 41(b); see also Link v. Wabash
R.R. Co., 370 U.S. 626, 630–31 (1962).
DONE and ORDERED in Dayton, Ohio, this Monday, February 2, 2026.
s/Thomas M. Rose
________________________________
THOMAS M. ROSE
UNITED STATES DISTRICT JUDGE
Case: 3:25-cv-00248-TMR-CHG Doc #: 11 Filed: 02/02/26 Page: 2 of 2 PAGEID #: <pageID>