Call v. Thompson et al, No. 1:2013cv00059 - Document 12 (D. Utah 2013)

Court Description: MEMORANDUM DECISION and ORDER DISMISSING CASE-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. This case is CLOSED. Signed by Judge David Sam on 11/20/13. (jmr)
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t ._, ~. ' '" ",,-I ;'\, t) , (:.JJF< r IN THE UNITED STATES DISTRICT COURT ZUl] MARK ALLEN C~r: Plaintiff, ~m~~I~TRICTOFUTAH [) E: FC! r )i---!~~~-~. " DISMISSAL ORDER & MEMORANDUM DECISION Case No.1: 13-CV-59 DS v. District Judge David Sam TERRY L. THOMPSON et aI., Defendants. Plaintiff, inmate Mark Allen Call, filed this pro se civil rights suit, see 42 U.S.C.S. § 1983 (2013), proceeding in forma pauperis, see 28 id 1915. Reviewing the Complaint under § 1915(e), in an Order dated June 12,2013, the Court detennined Plaintiffs Complaint was deficient. The Court then gave Plaintiff directions for curing the deficiencies, sent him a "Pro Se Litigant Guide," with a blank-fonn civil rights complaint, and ordered him to cure the deficiencies within thirty days. On September 3, 2013, the Court granted Plaintiff a thirty-day time extension in which to file the amended complaint. More than two months later, Plaintiff has yet to file anything new. Indeed, the Court's most recent correspondence with Plaintiff was returned to sender, marked, "NO LONGER AT THIS ADDRESS UNABLE TO FORWARD." IT IS THEREFORE ORDERED that Plaintiffs 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. This case is CLOSED. DATED this ~ day ofNovember, 2013. BY THE COURT: JUDGE DAVID SAM United States District Court 2