Stewart v. Wallace et al, No. 2:2011cv00505 - Document 16 (D. Utah 2012)

Court Description: MEMORANDUM DECISION dismissing 3 Complaint 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 03/16/2012. (asp)
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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF UTAH JESSE THOMAS STEWART, Plaintiff, v. DISMISSAL ORDER & MEMORANDUM DECISION Case No. 2:11-CV-505 DB District Judge Dee Benson DR. R. DUNCAN WALLACE et al., Defendants. Plaintiff, inmate Jesse Thomas Stewart, 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 January 18, 2012, the Court determined Plaintiff's complaint was deficient for a variety of reasons. The Court then gave Plaintiff direction for curing the deficiencies, sent him a "Pro Se Litigant Guide," with a blankform civil rights complaint, and ordered him to cure the deficiencies within thirty days. 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 16th day of March, 2012. BY THE COURT: _____________________________ JUDGE DEE BENSON United States District Court 2