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-208
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 JANUARY 12, 2026 ORDER
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On June 6, 2025, Plaintiff Dustin Kinnett (“Kinnett”) filed a Complaint. (Doc. No. 1.)
On December 23, 2025, Magistrate Judge Caroline Gentry issued a Report and Recommendation
(“R&R”) (Doc. No. 30), recommending that the undersigned deny Kinnett’s Motion to Proceed in
forma pauperis and order him to pay the filing fee. (Doc. No. 30 at PageID 248.) 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.
29) 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
FED. R. CIV. P. 41(b); see also Link v. Wabash R.R., 370 U.S. 626,
630–31 (1962).
Case: 3:25-cv-00208-TMR-CHG Doc #: 37 Filed: 02/17/26 Page: 1 of 2 PAGEID #: <pageID>

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(Doc. No. 31 at PageID 250–51.)
More than thirty days have now passed since the Court issued the 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 January 12, 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 Tuesday, February 17, 2026.
s/Thomas M. Rose
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THOMAS M. ROSE
UNITED STATES DISTRICT JUDGE
Case: 3:25-cv-00208-TMR-CHG Doc #: 37 Filed: 02/17/26 Page: 2 of 2 PAGEID #: <pageID>