Thayer v. Warden North Central Correctional Complex

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION
PATRICK NOEL THAYER,
Petitioner,
vs.
WARDEN, NORTH CENTRAL
CORRECTIONAL INSTITUTION,
Respondent.
:
:
:
:
:
:
:
:
:
:
Case No. 1:25-cv-615
District Judge Douglas R. Cole
Magistrate Judge Kimberly A. Jolson
REPORT AND RECOMMENDATION
Petitioner, an inmate at the North Central Correctional Institution, has filed a motion for
leave to proceed in forma pauperis in connection with a Petition for a writ of habeas corpus brought
under 28 U.S.C. § 2254. (Doc. 1).
On September 2, 2025, Petitioner filed a Response to a Notice of Deficiency suggesting
that his finances had changed since filing his initial in forma pauperis application. (Doc. 3). The
Court issued an Order indicating that if Petitioner wanted the Court to consider changes in his
finances he was ordered to file an updated motion for leave to proceed in forma pauperis within
thirty (30) days. (Doc. 4). To date, more than thirty (30) days after the September 9, 2025 Order,
Petitioner has not filed an updated in forma pauperis motion. On October 1, 2025, Petitioner filed
a Response indicating that he had requested funds from the prison cashier and intended to pay the
filing fee. (Doc. 5). To date, however, Petitioner has not paid the filing fee in this case.
The total filing fee due in this habeas corpus action is $5.00. 	Petitioner’s application
reveals that as of August 14, 2025, he had $22.17 on account to his credit and average monthly
deposits of $26.00. (See Doc. 1 at PageID 14). The application thus demonstrates that Petitioner
Case: 1:25-cv-00615-DRC-KAJ Doc #: 6 Filed: 10/27/25 Page: 1 of 2 PAGEID #: <pageID>

2
has sufficient funds available to pay the full $5.00 filing fee in order to institute this action.
Accordingly, it is RECOMMENDED that petitioner’s application for leave to proceed in forma
pauperis (Doc. 1) be DENIED and petitioner be ordered to pay the full filing fee of $5.00 within
thirty (30) days.
Petitioner should also be notified that his failure to pay the full filing fee within thirty days
will result in the dismissal of this action for want of prosecution.
IT IS SO RECOMMENDED.
Date: October 27, 2025 	/s/Kimberly A. Jolson
KIMBERLY A. JOLSON
UNITED STATES MAGISTRATE JUDGE
NOTICE REGARDING OBJECTIONS
Pursuant to Fed. R. Civ. P. 72(b), WITHIN 14 DAYS after being served with a copy of
the recommended disposition, a party may serve and file specific written objections to the proposed
findings and recommendations. 	This period may be extended further by the Court on timely
motion for an extension. Such objections shall specify the portions of the Report objected to and
shall be accompanied by a memorandum of law in support of the objections. 	If the Report and
Recommendation is based in whole or in part upon matters occurring on the record at an oral
hearing, the objecting party shall promptly arrange for the transcription of the record, or such
portions of it as all parties may agree upon, or the Magistrate Judge deems sufficient, unless the
assigned District Judge otherwise directs. 	A party may respond to another party’s objections
WITHIN 14 DAYS after being served with a copy thereof. 	Failure to make objections in
accordance with this procedure may forfeit rights on appeal. 	See Thomas v. Arn, 474 U.S. 140
(1985); United States v. Walters, 638 F.2d 947 (6th Cir. 1981).
Case: 1:25-cv-00615-DRC-KAJ Doc #: 6 Filed: 10/27/25 Page: 2 of 2 PAGEID #: <pageID>