Thompson v. State of Utah et al, No. 4:2023cv00042 - Document 9 (D. Utah 2023)

Court Description: MEMORANDUM DECISION AND ORDER dismissing action without prejudice. Signed by Judge David Nuffer on 8/3/23 (alt)

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Thompson v. State of Utah et al Doc. 9 Case 4:23-cv-00042-DN Document 9 Filed 08/03/23 PageID.69 Page 1 of 2 THE UNITED STATES DISTRICT COURT DISTRICT OF UTAH MICHAEL RAY THOMPSON, Plaintiff, MEMORANDUM DECISION & DISMISSAL ORDER v. STATE OF UTAH et al., Defendants. Case No. 4:23-CV-42 DN District Judge David Nuffer Plaintiff, Michael Ray Thompson, filed a civil-rights complaint, under 42 U.S.C.S. § 1983 (2023). (ECF No. 7.) On May 24, 2023, the Court authorized Plaintiff's payment of an initial partial filing fee of $2.50, stating, "If the initial partial filing fee is not received within 30 days, the case will be dismissed without prejudice and without further notice." (ECF No. 2.) More than two months later, the initial partial filing fee has still not been paid. Indeed, the most recent Court mailing to Plaintiff was returned to sender, marked, "REFUSED UNABLE TO FORWARD." (ECF No. 8.) And, Plaintiff has not since updated Plaintiff's 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 Case 4:23-cv-00042-DN Document 9 Filed 08/03/23 PageID.70 Page 2 of 2 IT IS ORDERED that--for failure to follow 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 3rd day of August, 2023. BY THE COURT: DAVID NUFFER United States District Judge 2

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