Walker v. Utah Department of Corrections et al

Filing 31

Dismissal Order & MEMORANDUM DECISION-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 toprosecute. Signed by Judge Clark Waddoups on 8/22/12. (jmr)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF UTAH

JOSEPH WAYNE WALKER,
Plaintiff,
v.

DISMISSAL ORDER
& MEMORANDUM DECISION
Case No. 2:10-CV-1155 CW
District Judge Clark Waddoups

ALFRED C. BIGELOW et al.,
Defendants.

Plaintiff, inmate Joseph Wayne Walker, 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 Amended Complaint

(ordered by the Court because the original complaint was
deficient), under § 1915(e), in an Order dated February 28, 2012,
the Court determined for a second time that Plaintiff's Amended
Complaint 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 has since twice asked for extensions of time in
which to file a Second Amended Complaint.

Most recently, on June

7, 2012, the Court granted Plaintiff an extension until August
15, 2012.

That date has come and gone without the filing of a

Second Amended Complaint, another request for extension, or an
explanation for Plaintiff's failure to file anything further.
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 22nd day of August, 2012.
BY THE COURT:

______________________________
JUDGE CLARK WADDOUPS
United States District Court

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