Whitley v. Cockran et al, No. 2:2020cv00495 - Document 7 (D. Utah 2020)

Court Description: MEMORANDUM DECISION & DISMISSAL ORDER. Plaintiff's action is DISMISSED without prejudice. Signed by Judge Jill N. Parrish on 10/07/2020. (nl)
Download PDF
Whitley v. Cockran et al Doc. 7 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF UTAH BRADLEY S. WHITLEY, Plaintiff, MEMORANDUM DECISION & DISMISSAL ORDER v. CARRIE COCKRAN et al., Defendants. Case No. 2:20-cv-495-JNP District Judge Jill N. Parrish Plaintiff filed a prisoner civil-rights complaint under 42 U.S.C.S. § 1983 (2020), (ECF No. 4), and was granted in forma pauperis status under 28 U.S.C.S. § 1915 (2020), (ECF No. 3). However, Plaintiff has not followed the court's July 28, 2020 Order, (id.), to file within thirty days a "certified copy of the trust fund account statements . . . for the 6-month period immediately preceding the filing of the complaint . . . obtained from the appropriate official of each prison at which prisoner is confined.” See 28 U.S.C.S. § 1915(a)(2). Indeed, the Order was returned to sender, marked, “Not in Custody.” (ECF No. 6.) And, Plaintiff has not since updated his address with the court as required. See D. Utah Civ. R. 83-1.3(e) ("In all cases, counsel and parties appearing pro se must notify the clerk's office immediately of any change in address, email address, or telephone number."). Dockets.Justia.com Accordingly, IT IS ORDERED that—for failure to obey the court’s Order and to prosecute this case—Plaintiff’s action is DISMISSED without prejudice. See DUCivR 41-2. This action is CLOSED. DATED this 7th day of October, 2020. BY THE COURT: JUDGE JILL N. PARRISH United States District Court 2