Jackson, v. Honorable Timothy R. Hanson

----ooOoo----

Lawrence M. Jackson,
Petitioner,

v.

Honorable Timothy R. Hanson,
Respondent.

MEMORANDUM DECISION
(Not For Official Publication)

Case No. 20020261-CA

F I L E D
May 23, 2002 2002 UT App 177 -----

Original Proceeding in this Court

Attorneys:
Lawrence M. Jackson, Draper, Petitioner Pro Se
Brent M. Johnson, Salt Lake City, for Respondent -----

Before Judges Bench, Davis, and Thorne.

PER CURIAM:

Petitioner seeks extraordinary relief pursuant to Rule 65B(d) of the Utah Rules of Civil Procedure, claiming the trial court failed to exercise its authority to enforce its order, which mandated the prison to adequately treat Petitioner's diabetic condition. Petitioner filed a "complaint for enforcement of a U[tah] R[.] C[iv.] P[.] 65A Injunction and request for an order to show cause." However, the trial court has not ruled on Petitioner's motion. Petitioner must place the motion directly before the court by filing a motion indicating that the issue is ripe for determination. Further, Petitioner must demonstrate that he has served the opposing party, thereby giving notice of his claim.

Because these things were not done, Petitioner has failed to demonstrate that he has "no other plain, speedy, and adequate
remedy." Utah R. Civ. P. 65B. Therefore, the petition is denied.
 
 

______________________________
Russell W. Bench, Judge
 
 

______________________________
James Z. Davis, Judge
 
 

______________________________
William A. Thorne Jr., Judge