Harvey v. Utah County Jail et al, No. 2:2011cv00047 - Document 11 (D. Utah 2012)
Court Description: DISMISSAL ORDER MEMORANDUM DECISION. It is therefore ordered that Plaintiffs complaint is DISMISSED without prejudice for failure to state a claim under 1915(e), failure to follow Court orders, and failure to prosecute. Signed by Judge Tena Campbell on 7/2/2012. (kpf)
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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF UTAH DISMISSAL ORDER & MEMORANDUM DECISION RICHIE C. HARVEY SR., Plaintiff, v. Case No. 2:11-CV-47 TC District Judge Tena Campbell UTAH COUNTY JAIL et al., Defendants. Plaintiff, inmate Richie C. Harvey Sr., filed this pro se civil rights suit, see 42 U.S.C.S. § 1983 (2012), proceeding in forma pauperis, see 28 U.S.C.S. § 1915. Reviewing the complaint under § 1915(e), in an Order dated April 16, 2012, 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. Plaintiff has not responded. Indeed, the Court's Order was returned to sender, marked, "NO LONGER AT THIS ADDRESS. Plaintiff has not since updated his address with the Court. 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 2nd day of July, 2012. BY THE COURT: _____________________________ JUDGE TENA CAMPBELL United States District Court 2
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