Dustin M. Kinnett v. State of Ohio et al.

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO WESTERN DIVISION AT DAYTON DUSTIN M. KINNETT, : : Plaintiff, : : Case No. 3:25-cv-248 v. : : Judge Thomas M. Rose STATE OF OHIO et al., : : Magistrate Judge Caroline H. Gentry Defendants. : : ______________________________________________________________________________ ENTRY AND ORDER DISMISSING CASE FOR WANT OF PROSECUTION DUE TO PLAINTIFF’S FAILURE TO COMPLY WITH THE FEBRUARY 2, 2026 ORDER ______________________________________________________________________________ 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 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 ________________________________ THOMAS M. ROSE UNITED STATES DISTRICT JUDGE