Davis v. Lubeck et al

Filing 12

ORDER DISMISSING CASE 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, andfailure to prosecute, see DUCivR 41-2. This case is CLOSED. Signed by Judge David Sam on 1/12/15. (jmr)

IN THE UNITED STATES DISTRICT C~~~Jt;N
FOR THE DISTRICT OF UTAH

DEXTER PARIS DAVIS,
Plaintiff,

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DISMISSAL-ORDER& MEMORANDUM DECISION

Case No. 2:13-CV-933 DS
V.

JUDGE BRUCE LUBECK et al.,

District Judge David Sam

Defendants.

Plaintiff, Dexter Paris Davis, filed this prose civil rights suit, see 42 U.S.C.S. § 1983
(2014), proceeding informa pauperis, see 28 id. 1915. Reviewing the Complaint under§
1915(e), in an Order dated September 3, 2014, the Court determined Plaintiffs 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. Plaintiff has yet to amend his complaint. In fact, the Court has
not heard from him at all since October 1, 2014, when he sent the Court a letter that spoke of his
hope to be released on November 18, 2014. Plaintiff has not followed up with a change of
address.

IT IS THEREFORE ORDERED that Plaintiffs 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 /...1.. ~day of January, 2015.
BY THE COURT:

JUDGE DAYID SAM
United States District Court

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