Rush v. Crowther

Filing 5

MEMORANDUM DECISION AND DISMISSAL ORDER. IT IS ORDERED that--because of Petitioner's failure to comply with the Court's Order and to prosecute his case--the action is DISMISSED WITHOUT PREJUDICE. This action is CLOSED. Signed by Judge Jill N. Parrish on 10/2/2018. (jds)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF UTAH
TOBIAS N. RUSH,
Petitioner,

MEMORANDUM DECISION &
DISMISSAL ORDER

v.
WARDEN CROWTHER et al.,
Respondents.

Case No. 2:17-CV-517-JNP
District Judge Jill N. Parrish

Petitioner, Tobias N. Rush, filed a pro se habeas corpus petition under 28 U.S.C. § 2254.
Reviewing it in an Order dated February 13, 2018, the court determined it was deficient for a
variety of reasons. The court then gave Petitioner directions for curing the deficiencies, sent him
a Pro Se Litigant Guide, with a blank-form habeas corpus petition, and ordered him to cure the
deficiencies within thirty days. Petitioner did not comply.
Therefore, on May 25, 2018, the court ordered Petitioner to within thirty days show cause
why his petition should not be dismissed. The court reiterated its prior guidance for curing the
deficiencies and sent Petitioner more forms and information to help him file an amended
petition. Over four months later, the court has not heard from Petitioner.

IT IS THEREFORE ORDERED that--because of Petitioner's failure to comply with
the Court's Order and to prosecute his case--the action is DISMISSED WITHOUT
PREJUDICE. This action is CLOSED.
DATED October 2, 2018.
BY THE COURT:

JUDGE JILL N. PARRISH
United States District Court

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