Summers v. Francom et al

Filing 9

DISMISSAL ORDER and 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 to prosecute. This case is CLOSED. Signed by Judge Ted Stewart on 2/18/2014. (kpf)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF UTAH

DAVID TROSKY SUMMERS,

DISMISSAL ORDER
& MEMORANDUM DECISION

Plaintiff,
Case No. 2:13-CV-398 TS
v.
District Judge Ted Stewart
KEVIN FRANCOM et al.,

Defendants.

Plaintiff, inmate David Trosky Summers, 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 December 23, 2013, the Court determined
Plaintiff's Complaint was deficient. The Court then gave Plaintiff directions 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. More than fifty-six days later, Plaintiff
has yet to file anything new..

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, see DUCivR 41-2. This case is CLOSED.
DATED this 18th day of February, 2014.
BY THE COURT:

_____________________________
CHIEF JUDGE TED STEWART
United States District Court

2