Palombi v. Rae et al, No. 2:2015cv00025 - Document 25 (D. Utah 2017)

Court Description: MEMORANDUM DECISION and ORDER: It is therefore ordered that Plaintiff's Complaint is DISMISSED WITHOUT PREJUDICE for failure to state a claim under 1915(e)(2)(B)(ii), follow the Court's Order, and to prosecute his case. This case is closed. Signed by Judge Clark Waddoups on 04/14/2017. (kpf)
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Palombi v. Rae et al Doc. 25 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF UTAH KYRON PALOMBI, MEMORANDUM DECISION & ORDER Plaintiff, v. Case No. 2:15-CV-25-CW NICOLE CUNHA REA et al., District Judge Clark Waddoups Defendants. Plaintiff, Kyron Palombi, filed this pro se civil-rights suit, see 42 U.S.C.S. § 1983 (2017). Reviewing the Amended Complaint under § 1915(e), in an Order dated February 22, 2017, the Court determined it was deficient. The Court gave Plaintiff directions 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. The order was returned to sender, marked, “No Forwarding Address.” Plaintiff has not since filed a second amended complaint. The Court last heard from Plaintiff on August 31, 2016, when he filed a motion for appointed counsel which was denied. IT IS THEREFORE ORDERED that Plaintiff's Complaint is DISMISSED WITHOUT PREJUDICE for failure to state a claim under § 1915(e)(2)(B)(ii), follow the Court’s Order, and to prosecute his case, see DUCivR 41-2. This case is CLOSED. DATED this 14th day of April, 2017. BY THE COURT: Clark Waddoups United States District Court Judge Dockets.Justia.com