Taylor v. Warden, Butler County Jail

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION
LINDSEY TAYLOR,
on behalf of
William Charles Dunn,
Petitioner,
vs.
WARDEN, BUTLER COUNTY JAIL,
Respondent.
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Case No. 1:25-cv-691
District Judge Timothy S. Black
Magistrate Judge Kimberly A. Jolson
ORDER ADOPTING THE REPORT AND RECOMMENDATION
OF THE UNITED STATES MAGISTRATE JUDGE
This case is before the Court on the Report and Recommendation of United States
Magistrate Judge Kimberly A. Jolson. (Doc. 4). Specifically, on October 2, 2025, Judge
Jolson entered a Deficiency Order, directing Petitioner to submit a signed copy of the 28
U.S.C. § 2241 habeas petition and to show cause within 30 days why the case should not
be dismissed as premature or on the ground that Petitioner has not exhausted available
state court remedies. (Doc. 3). The Deficiency Order further advised Petitioner that
failure to respond to the Deficiency Order within the requisite 30-day period may result
in dismissal of the case. (Id. at 5).
Petitioner did not respond to the Deficiency Order and, accordingly, on November
12, 2025, Judge Jolson issued a Report and Recommendation that the case be dismissed
without prejudice for want of prosecution. (Doc. 4). Petition did not file objections to
the Report and Recommendation, and the time for doing so has now passed.
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2
Pursuant to 28 U.S.C. § 636(b), the Court has reviewed the comprehensive
findings of the Magistrate Judge and considered de novo all of the relevant filings in this
case. Upon consideration of the foregoing, the Court finds that the Report and
Recommendation (Doc. 4) should be and is hereby adopted in their entirety.
Accordingly:
1. The Report and Recommendation (Doc. 4) is ADOPTED;
2. This case is DISMISSED without prejudice;
3. The Court finds that any appeal of this Order would be objectively
frivolous, and that jurists of reason would not disagree with this
Court’s decision. See Slack v. McDaniel, 529 U.S. 473, 484 (2000);
Miller-El v. Cockrell, 537 U.S. 322, 327 (2003). Accordingly, the
Court DENIES the issuance of a certificate of appealability, pursuant
to 28 U.S.C. § 2253(c); and
4. The Clerk’s Office shall enter judgment accordingly and this case
shall be terminated on the docket of this Court.
IT IS SO ORDERED.
Date: 12/8/2025 s/ Timothy S. Black
Timothy S. Black
United States District Judge
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