Thomas v. State of Utah

Filing 17

MEMORANDUM DECISION and ORDER: It is therefore ordered that Petitioners petition is DISMISSED for failure to obey to the Court's order and to prosecute this case. This case is closed. Signed by Judge Robert J. Shelby on 03/10/2017. (kpf)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF UTAH
VINCENT THOMAS,
Petitioner,

MEMORANDUM DECISION &
DISMISSAL ORDER

v.
VINCENT MEISTER et al.
Respondents.

Case No. 2:14-CV-714-RJS
District Judge Robert J. Shelby

On October 17, 2016, this Court ordered Petitioner to, within thirty days of filing of
Respondent’s answer to his habeas petition, file a reply. The answer came in the form of a
motion to dismiss, filed January 6, 2017. Petitioner still has not replied to Respondent’s
answer/motion to dismiss--now filed over two months ago. The Court has not heard from
Petitioner since July 18, 2016, when he filed a motion to stay. Indeed, recent mail from the Court
has been returned to sender, marked, “Prisoner Released.”
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 10th day of March, 2017.
BY THE COURT:

JUDGE ROBERT J. SHELBY
United States District Court