Finlayson v. State of Utah

Filing 8

MEMORANDUM DECISION & DISMISSAL ORDER: It is therefore ordered that Petitioner's action is DISMISSED for failure to obey to the Court's order to prosecute this case. This case is CLOSED. Signed by Judge Robert J. Shelby on 12/18/2017. (kpf)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF UTAH
JEFFERY RUSSELL FINLAYSON,
Petitioner,

MEMORANDUM DECISION &
DISMISSAL ORDER

v.
Case No. 2:16-CV-880-RJS

STATE OF UTAH,
Respondent.

District Judge Robert J. Shelby

On September 7, 2017, this Court ordered Petitioner to within sixty days consult with his
counsel in an older habeas case, Finlayson v. Utah, 2:15-CV-818 DAK (D. Utah Nov. 18, 2015),
“to determine whether the issues and motions in this case may be incorporated into the older case
and notify the Court as to whether he considers this case still necessary as a separate filing.”
Petitioner has not responded. Indeed, the Court has not heard from Petitioner in this case since he
filed a motion for preliminary injunction on January 12, 2017. (Docket Entry # 6.) The motion
was denied on September 7, 2017. (Id. # 7.)

IT IS THEREFORE ORDERED that Petitioner's action 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 18th day of December, 2017.
BY THE COURT:

JUDGE ROBERT J. SHELBY
United States District Court

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