Carstarphen v. Warden Lorain Correctional Institution

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
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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
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