Kinnett v. State of Ohio et al

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UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT DAYTON
DUSTIN M. KINNETT,
Plaintiff,
v.
STATE OF OHIO et al.,
Defendants.
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Case No. 3:25-cv-248
Judge Thomas M. Rose
Magistrate Judge Caroline H. Gentry
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ENTRY AND ORDER DISMISSING CASE FOR WANT OF PROSECUTION
DUE TO PLAINTIFF’S FAILURE TO COMPLY WITH
THE FEBRUARY 2, 2026 ORDER
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On July 21, 2025, Plaintiff Dustin Kinnett (“Kinnett”) filed his Complaint and Motion to
Proceed in forma pauperis (“IFP Motion”). (Doc. Nos. 1-1, 1.) On January 2, 2026, Magistrate
Judge Caroline Gentry issued a Report and Recommendation (“R&R”) (Doc. No. 7),
recommending that the undersigned deny Kinnett’s IFP Motion and order him to pay the filing
fee. (Doc. No. 7 at PageID 53–54.) Finding Magistrate Judge Gentry’s R&R well-founded and
noting no objections were filed thereto, the Court adopted the R&R and ordered Kinnett to pay the
filing fee:
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
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
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FED. R. CIV. P. 41(b); see also Link v. Wabash R.R., 370 U.S. 626,
630–31 (1962).
(Doc. No. 11 at PageID 67–68.)
More than thirty days have now passed since the Court issued the abovementioned Entry
and Order, and Kinnett has not paid the $405 filing fee. Therefore, Kinnett failed to comply with
the Court’s Order. Thus, in accordance with the above admonishment, the Court dismisses this
case for want of prosecution.
Accordingly, the Court ORDERS that this case is DISMISSED for want of prosecution
due to Kinnett’s failure to comply with the February 2, 2026 Entry and Order. The Clerk of Court
is DIRECTED to terminate this case on the Court’s docket and serve Kinnett with a copy of this
Order.
DONE and ORDERED in Dayton, Ohio, this Thursday, March 5, 2026.
s/Thomas M. Rose
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THOMAS M. ROSE
UNITED STATES DISTRICT JUDGE
Case: 3:25-cv-00248-TMR-CHG Doc #: 14 Filed: 03/05/26 Page: 2 of 2 PAGEID #: <pageID>