Lievanos v. Growther

Filing 22

MEMORANDUM DECISION AND ORDER DISMISSING CASE for failure to obey the Court's order and to prosecute the case. Case closed. Signed by Judge Dee Benson on 9/29/2016. (blh)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF UTAH
ISAAC LIEVANOS,
Petitioner,

MEMORANDUM DECISION &
DISMISSAL ORDER

v.
SCOTT GROWTHER,
Respondent.

Case No. 2:14-CV-388-DB
District Judge Dee Benson

On May 19, 2016, this Court ordered Petitioner to within thirty days show cause why his
petition should not be dismissed for his failure to file a reply to Respondent’s answer, nearly
eighteen months earlier, to his habeas-corpus petition. Petitioner had persisted in seeking
counsel, although the Court had denied his earlier motion for appointed counsel. The Court
noted, “Petitioner must at least try to file a proper reply on his own.”
On June 15, 2016, Petitioner responded to the order to show cause, saying that he had
been seeking outside representation, but needed time to continue to working on it. He still has
never even tried to respond to Respondent’s answer--now filed over twenty months ago. The
Court has not heard from Petitioner again since June.

IT IS THEREFORE ORDERED that Petitioner's petition is DISMISSED for failure to
obey to the Court’s order and to prosecute this case. See Fed. R. Civ. P. 41(b); Link v. Wabash
R.R. Co., 370 U.S. 626, 630-31 (1962); Olsen v. Mapes, 333 F.3d 1199, 1204 n.3 (10th Cir.
2003). This case is CLOSED.
DATED this 29th day of September, 2016.
BY THE COURT:

JUDGE DEE BENSON
United States District Court

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