Spencer v. Smith, No. 2:2019cv00642 - Document 11 (D. Utah 2020)

Court Description: MEMORANDUM DECISION & ORDER TO DISMISS: It is therefore ordered that, based on failure to prosecute and to state a claim upon which relief may be granted, mootness, and frivolousness, this actions is DISMISSED with prejudice. Signed by Judge Dee Benson on 07/06/2020. (kpf)

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Spencer v. Smith Doc. 11 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF UTAH DEAN MARSHALL SPENCER, MEMORANDUM DECISION & ORDER TO DISMISS Petitioner, v. Case No. 2:19-CV-642-DB UTAH COUNTY SHERIFF et al., District Judge Dee Benson Respondents. On May 4, 2020, the Court ordered Petitioner to within thirty days show cause why his petition should not be dismissed based on failure to prosecute and to state a claim upon which relief may be granted, mootness, and frivolousness. (ECF No. 9, at 4.) Petitioner has not responded as required. Indeed, the last two items mailed to Petitioner by the Court (in January and May 2020) have been returned to sender, marked, “Out UNABLE TO FORWARD.” (ECF Nos. 7 & 10.) IT IS THEREFORE ORDERED that, based on failure to prosecute and to state a claim upon which relief may be granted, mootness, and frivolousness, this action is DISMISSED with prejudice. DATED this 6th day of July, 2020. BY THE COURT: JUDGE DEE BENSON United States District Court Dockets.Justia.com

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