Wetzel v. UDOC

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Wetzel v. Utah Department of Corrections, et al. Filed July 22, 1999 IN THE UTAH COURT OF APPEALS


Jon T. Wetzel,
Petitioner and Appellant,


Utah Department of Corrections; H.L. (Pete) Haun; Sgt. A.J. Carlson; Offc. Danzing; Sgt. Risher; Ms. Billie Casper; Spencer Robison, et al.; John and Jane Does 1-10,

Respondents and Appellees.

(Not For Official Publication)

Case No. 990337-CA

July 22, 1999
  1999 UT App 228 -----

Third District, Salt Lake Department
The Honorable Ronald E. Nehring

Attorneys:   Jon T. Wetzel, Draper, Appellant Pro Se


Before Judges Billings, Davis, and Jackson.


Wetzel appeals the trial court's order denying his petition for extraordinary relief as frivolous on its face. Since the petition appears to be adequately pled, see Utah Rule Civ. P. 65B(b)(3), and more information is needed before Wetzel's petition can be resolved, we remand the case to the trial court for further proceedings. The State should be required to file a response to Wetzel's petition and, if it is deemed necessary, an evidentiary hearing may be held. Wetzel should also provide copies of documents showing that he exhausted his administrative remedies, i.e., the grievance documents he allegedly filed and any written responses/decisions by prison officials and/or the State.

Judith M. Billings, Judge

James Z. Davis, Judge

Norman H. Jackson, Judge