Smith v. Potter et al

Filing 29

MEMORANDUM DECISION & ORDER DISMISSING CASE. Because Plaintiff has failed to prosecute this case,see DUCivR 41-2, Plaintiff's action is DISMISSED without prejudice. This case is CLOSED. Signed by Judge Dale A. Kimball on 11/16/2017. (eat)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF UTAH
BRADLEY JOE SMITH,
MEMORANDUM DECISION &
DISMISSAL ORDER

Plaintiff,
v.
SANDY HUTHMAN et al.,
Defendants.

Case No. 2:16-CV-195-DAK
District Judge Dale A. Kimball

In an Order dated August 4, 2017, the Court required Plaintiff to--within ten days--file a
notice of intention to oppose or not oppose Defendant Markeson’s Motion to Dismiss. If he did
not, the Court warned that the motion would be granted. More than three months later, Plaintiff
has not responded. Indeed, the Order was returned to sender, marked, “Inmate was released.”
The Court last heard from Plaintiff on January 18, 2017, when he filed his initial partial filing
fee. He has not updated his address with the Court.
IT IS THEREFORE ORDERED that, because Plaintiff has failed to prosecute this case,
see DUCivR 41-2, Plaintiff's action is DISMISSED without prejudice. This case is CLOSED.
DATED this 16th day of November, 2017.
BY THE COURT:

JUDGE DALE A. KIMBALL
United States District Court