Wetzel v. UDOC
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Jon T. Wetzel,
Petitioner and Appellant,
v.
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.
MEMORANDUM DECISION
(Not For Official Publication)
Case No. 990337-CA
F I L E D
July 22, 1999
1999 UT App 228
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Third District, Salt Lake
Department
The Honorable Ronald E.
Nehring
Attorneys: Jon T. Wetzel, Draper, Appellant Pro Se
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Before Judges Billings, Davis, and Jackson.
PER CURIAM:
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
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