Chaparro v. Warden CUCF et al, No. 2:2010cv00832 - Document 16 (D. Utah 2011)

Court Description: MEMORANDUM DECISION and Order of Dismissal. It is therefore ordered that Plaintiffs complaint is DISMISSED without prejudice for failure to state a claim under 1915(e)(2)(B)(ii), failure to follow Court orders and failure to prosecute. Signed by Judge Ted Stewart on 08/30/2011. (kpf)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF UTAH DISMISSAL ORDER & MEMORANDUM DECISION CARLOS OJEDA CHAPPARO, Plaintiff, Case No. 2:10-CV-832 TS v. District Judge Ted Stewart WARDEN CUCF et al., Defendants. Plaintiff, inmate Carlos Ojeda Chapparo, filed this pro se civil rights suit, see 42 U.S.C.S. § 1983 (2011), proceeding in forma pauperis, see 28 id. 1915. Reviewing the complaint under § 1915(e), in an Order dated June 24, 2011, the Court determined Plaintiff's complaint was deficient for a variety of reasons. The Court then gave Plaintiff direction for curing the deficiencies, sent him a "Pro Se Litigant Guide," with a blankform civil rights complaint, and ordered him to cure the deficiencies within thirty days. Petitioner has not responded. The Court's order was even resent to a new address provided by Petitioner, still with no response. IT IS THEREFORE ORDERED that Plaintiff's complaint is DISMISSED without prejudice for failure to state a claim under § 1915(e)(2)(B)(ii), failure to follow Court orders, and failure to prosecute. DATED this 30th day of August, 2011. BY THE COURT: _____________________________ CHIEF JUDGE TED STEWART United States District Court 2

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