Howard v. Davis County DA Office et al

Filing 15

MEMORANDUM DECISION & Dismissal Order: Plaintiff's complaint is DISMISSED without prejudice for failure to state a claim under §1915(e)(2)(B)(ii), failure to follow Court orders, and failure to prosecute. Signed by Judge Dee Benson on 9/13/12. (jlw)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF UTAH

JOHNNY E. HOWARD,
Plaintiff,
v.

DISMISSAL ORDER
& MEMORANDUM DECISION
Case No. 1:12-CV-14 DB
District Judge Dee Benson

DAVIS COUNTY D.A. et al.,
Defendants.

Plaintiff, inmate Johnny E. Howard, filed this pro se civil
rights suit, see 42 U.S.C.S. § 1983 (2012), proceeding in forma
pauperis, see 28 id. 1915.

Reviewing the Complaint, under §

1915(e), in an Order dated April 30, 2012, the Court determined
that it was deficient for a variety of reasons.

The Court then

again gave Plaintiff direction for curing the deficiencies, sent
him a "Pro Se Litigant Guide," with a blank-form civil rights
complaint, and ordered him to cure the deficiencies within thirty
days.
Plaintiff instead inappropriately submitted a document
entitled, "Answer to Amend Deficiencies to Complaint @ Memorandum
Decision."

On July 12, 2012, the Court ordered Plaintiff to

within thirty days show cause why his case should not be
dismissed for failure to obey the Court's order to file an

amended complaint curing the deficiencies in his original
complaint.

Plaintiff has not responded.

IT IS THEREFORE ORDERED that Plaintiff's complaint is
DISMISSED without prejudice for failure to state a claim under §
1915(e)(2)(B)(ii), failure to follow Court orders, and failure to
prosecute.
DATED this 13th day of September, 2012.
BY THE COURT:

______________________________
JUDGE DEE BENSON
United States District Court

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