Bramhall v. Winder et al

Filing 16

ORDER VACTING PREVIOUS DISMISSAL ORDER and MEMORANDUM DECISION. FINAL DISMISSAL ORDER and MEMORANDUM DECISION. It is ordered that the Dismissal Order and Memorandum Decision, filed by this Court, under District Judge Clark Waddoups si gnature, of, January 22, 2013, is HEREBY VACATED and this Order stands in its place. 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. This case is closed. Signed by Judge Ted Stewart on 1/28/2013. (kpf)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF UTAH

ORDER VACATING PREVIOUS
DISMISSAL ORDER
& MEMORANDUM DECISION

EARL E. BRAMHALL,
Plaintiff,

FINAL DISMISSAL ORDER &
MEMORANDUM DECISION

v.
JAMES WINDER et al.,

Case No. 2:12-CV-607 TS

Defendants.

District Judge Ted Stewart

IT IS ORDERED that the Dismissal Order & Memorandum
Decision, filed by this Court, under District Judge Clark
Waddoups's signature, on January 22, 2013, is HEREBY VACATED and
this Order stands in its place.
Plaintiff, inmate Earl E. Bramhall, 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 October 29, 2012, the Court determined
Plaintiff's Complaint was deficient.

The Court then 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 not responded.

Indeed, the Court has not heard

from Plaintiff since he filed several documents on September 12,
2012.

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
This case is CLOSED.

prosecute.

DATED this 28thday of January, 2013.
BY THE COURT:

_____________________________
CHIEF JUDGE TED STEWART
United States District Court

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