Howard v. Davis County DA Office et al, No. 1:2012cv00014 - Document 15 (D. Utah 2012)

Court Description: MEMORANDUM DECISION & Dismissal Order: 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. Signed by Judge Dee Benson on 9/13/12. (jlw)
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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF UTAH JOHNNY E. HOWARD, Plaintiff, v. DISMISSAL ORDER & MEMORANDUM DECISION Case No. 1:12-CV-14 DB District Judge Dee Benson DAVIS COUNTY D.A. et al., Defendants. Plaintiff, inmate Johnny E. Howard, filed this pro se civil rights suit, see 42 U.S.C.S. § 1983 (2012), proceeding in forma pauperis, see 28 id. 1915. Reviewing the Complaint, under § 1915(e), in an Order dated April 30, 2012, the Court determined that it was deficient for a variety of reasons. The Court then again gave Plaintiff direction 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 instead inappropriately submitted a document entitled, "Answer to Amend Deficiencies to Complaint @ Memorandum Decision." On July 12, 2012, the Court ordered Plaintiff to within thirty days show cause why his case should not be dismissed for failure to obey the Court's order to file an amended complaint curing the deficiencies in his original complaint. Plaintiff has not responded. 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 13th day of September, 2012. BY THE COURT: ______________________________ JUDGE DEE BENSON United States District Court 2