Maloch v. Salt Lake County Metro Jail

Filing 26

MEMORANDUM DECISION AND ORDER OF DISMISSAL. Signed by Judge Dee Benson on 7/22/13. (jlw)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF UTAH

TIMOTHY MICHAEL MALOCH,

DISMISSAL ORDER
& MEMORANDUM DECISION

Plaintiff,
Case No. 2:12-CV-1084 DB
v.
SALT LAKE COUNTY METRO JAIL,

District Judge Dee Benson

Defendant.

Plaintiff, inmate Timothy Michael Maloch, filed this pro se
civil rights suit, see 42 U.S.C.S. § 1983 (2013), proceeding in
forma pauperis, see 28 id. 1915.

Reviewing the Complaint under §

1915(e), in an Order dated June 21, 2013, 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.
Instead of doing so, Plaintiff wrote to the Court that he
"will not be serving court order(s) involving 'Amend Deficiant
[sic] Complaint and/or Memorandum Decision.'"

He then wrote

another letter in which he stated, "I am not interested in
changing my original filing . . . ."

There is no chance that

Plaintiff misunderstands the consequences of his statements.
After all, in an earlier case, he sent the Court a similar
response to an order to cure deficiencies in that complaint, and,

after the Court explained the effect of his response and gave him
another chance to cure, he stuck with his determination not to
amend his complaint--only to have it dismissed for failure to
state a claim.

See Maloch v Nguyen, No. 2:12-CV-830 DAK (D. Utah

Apr. 24, 2013).
IT IS THEREFORE ORDERED that Plaintiff's Complaint is
DISMISSED with prejudice for failure to state a claim under §
1915(e)(2)(B)(ii), failure to follow Court orders, and failure to
prosecute.

The Court has given Plaintiff an opportunity to amend

and deems further opportunities futile.

This case is CLOSED.

DATED this 22 day of July, 2013.
BY THE COURT:

_____________________________
JUDGE DEE BENSON
United States District Court

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