Daughton v. Allred et al, No. 2:2016cv01227 - Document 32 (D. Utah 2018)

Court Description: MEMORANDUM DECISION & DISMISSAL ORDER: Denying 30 Motion for reconsideration. It is further ordered that this action is DISMISSED with prejudice for failure to state a claim under 1915(e)(2)(B)(u), follow the Court's Order, and to prosecute his case. This case is closed. Signed by Judge Tena Campbell on 04/25/2018. (kpf)
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Daughton v. Allred et al Doc. 32 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF UTAH PHILIP V. DAUGHTON, Plaintiff, MEMORANDUM DECISION & DISMISSAL ORDER v. CAPTAIN JAMES ALLRED et al., Defendants. Case No. 2:16-CV-1227-TC District Judge Tena Campbell Plaintiff filed this pro se civil-rights suit, see 42 U.S.C.S. § 1983 (2018). Reviewing the Complaint under § 1915(e), in an Order dated October 25, 2017, the Court determined it was deficient. (Doc. No. 26.) 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. Having not received a relevant response, the Court--on December 29, 2018--again ordered Plaintiff to cure his deficient complaint. (Doc. No. 29.) On January 10, 2018, Plaintiff moved for reconsideration of these cure orders. IT IS ORDERED that Plaintiff's motion for reconsideration is poorly supported and is thus DENIED. (Doc. No. 30.) Dockets.Justia.com IT IS FURTHER ORDERED that this action is DISMISSED with 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 action is CLOSED. DATED this 25th day of April, 2018. BY THE COURT: JUDGE TENA CAMPBELL United States District Court 2