Pyle v. Munn et al, No. 1:2023cv00093 - Document 9 (D. Utah 2023)
Court Description: MEMORANDUM DECISION AND DISMISSAL ORDER denying as moot 5 Motion to Appoint Counsel. Plaintiff's action is dismissed without prejudice for failure to follow the Court's orders and to prosecute this action. Signed by Judge Tena Campbell on 10/24/23 (alt)
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Pyle v. Munn et al Doc. 9 Case 1:23-cv-00093-TC Document 9 Filed 10/25/23 PageID.53 Page 1 of 2 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF UTAH, NORTHERN DIVISION BROCK PYLE, Plaintiff, MEMORANDUM DECISION AND DISMISSAL ORDER v. Case No. 1:23-cv-93 TC TIFFANY MICHELLE MUNN, et al., District Judge Tena Campbell Defendants. Plaintiff Brock Pyle filed a civil rights complaint under 42 U.S.C. § 1983. (ECF No. 4.) On August 14, 2023, the court granted Plaintiff’s motion to proceed in forma pauperis (without prepaying the court filing fee). (ECF Nos. 1, 3.) Plaintiff was sent an order to file a financial certificate, account statement, and initial partial filing fee within thirty days. (ECF No. 3.) That order was returned to sender and marked “not in our facility.” (ECF No. 7.) On September 18, 2023, the Court ordered Plaintiff to within thirty days file (a) a letter confirming Plaintiff is still a prisoner; or (b) a renewed application to proceed in forma pauperis, reflecting non-prisoner status. Despite these orders, the court has not heard from Plaintiff since the filing of the complaint, on August 14, 2023. (ECF No. 4.) Dockets.Justia.com Case 1:23-cv-00093-TC Document 9 Filed 10/25/23 PageID.54 Page 2 of 2 It is therefore ORDERED as follows: 1. Plaintiff’s action is DISMISSED without prejudice for failure to follow the Court’s orders and to prosecute this action (ECF Nos. 3, 8). See DUCivR 41-2. 2. Plaintiff's motion to appoint counsel (ECF No. 5) is DENIED as moot. DATED this 24th day of October, 2023. BY THE COURT: TENA CAMPBELL United States District Judge 2
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