Cook v. Benson et al, No. 2:2018cv00564 - Document 9 (D. Utah 2018)

Court Description: MEMORANDUM DECISION AND ORDER DISMISSING CASE. Signed by Judge Dee Benson on 12/27/18 (alt)
Download PDF
Cook v. Benson et al Doc. 9 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF UTAH DAVID ARCH COOK, Plaintiff, MEMORANDUM DECISION & ORDER v. WARDEN LARRY BENZON et al., Defendants. Case No. 2:18-CV-564-DB District Judge Dee Benson Plaintiff, David Arch Cook, an inmate at Utah State Prison, filed a pro se civil rights complaint. See 42 U.S.C.S. § 1983 (2018). Because Plaintiff had, at three or more prior times while incarcerated, brought an action that was dismissed as "frivolous or malicious or fail[ing] to state a claim upon which relief may be granted," 28 id. § 1915(g), the Court concluded that Plaintiff could not proceed in forma pauperis but must pay his entire $350 filing fee up front. (Doc. No. 6 (Oct. 15, 2018).) The Court warned that Plaintiff’s complaint would be dismissed unless he paid the full filing fee within thirty days. More than two months later, it remains unpaid. IT IS THEREFORE ORDERED that this action is DISMISSED. DATED this 27th day of December, 2018. BY THE COURT: ______________________________ DEE BENSON United States District Judge