Harner v. State of Utah et al, No. 2:2015cv00456 - Document 16 (D. Utah 2016)

Court Description: MEMORANDUM DECISION and DISMISSAL ORDER: It is therefore ordered that the Plaintiff's complaint is dismissed. for failure to state a claim under 1915(e)(2)(B)(ii)and follow the Courts Order. This case is closed. Signed by Judge Dee Benson on 11/7/2016. (kpf)

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Harner v. State of Utah et al Doc. 16 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF UTAH TIMOTHY WAYNE HARNER, Plaintiff, MEMORANDUM DECISION & DISMISSAL ORDER v. STATE OF UTAH et al., Defendants. Case No. 2:15-CV-456-DB District Judge Dee Benson Plaintiff, Timothy Wayne Harner, filed this pro se civil-rights suit, see 42 U.S.C.S. § 1983 (2016). Reviewing the Complaint under § 1915(e), in an Order dated February 2, 2016, the Court determined Plaintiff's Complaint was deficient. The Court then gave Plaintiff directions for curing the deficiencies, sent him a "Pro Se Litigant Guide," with a blank-form civil rights complaint, and ordered him to cure the deficiencies within thirty days. Plaintiff has never responded to the order. The Court last heard from Plaintiff on January 13, 2016, when he filed a letter regarding his filing fee, none of which has been paid. IT IS THEREFORE ORDERED that Plaintiff's Complaint is DISMISSED for failure to state a claim under § 1915(e)(2)(B)(ii) and follow the Court’s Order. This case is CLOSED. DATED this 7th day of November, 2016. BY THE COURT: JUDGE DEE BENSON United States District Court Dockets.Justia.com

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