Alvarez-Delvalle v. State of Utah

Filing 20

MEMORANDUM DECISION & DISMISSAL ORDER: It is therefore ordered that Petitioner's action is DISMISSED without prejudice for failure to the Court's order and to prosecute this case. This case is closed. Signed by Judge Tena Campbell on 06/26/2017. (kpf)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF UTAH
JOSE LUIS ALVAREZ-DELVALLE,
Petitioner,

MEMORANDUM DECISION &
DISMISSAL ORDER

v.
STATE OF UTAH,

Case No. 2:16-CV-115-TC
Respondent.

District Judge Tena Campbell

On April 3, 2017, 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 motion to dismiss
his habeas-corpus petition. Petitioner still has not replied to Respondent’s answer--now filed
almost seven months ago. The Court has not heard from Petitioner again since he filed his
petition on February 26, 2016.
IT IS THEREFORE ORDERED that Petitioner's action is DISMISSED without prejudice
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 26th day of June, 2017.
BY THE COURT:

JUDGE TENA CAMPBELL
United States District Court