Redmond v. Salt Lake County Jail et al

Filing 63

MEMORANDUM DECISION AND ORDER. Signed by Judge Howard C. Nielson, Jr. on 7/29/2022. (dkc)

THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF UTAH
JOHN REDMOND,
Plaintiff,
v.
ROSIE RIVERA et al.,
Defendants.

MEMORANDUM DECISION
AND ORDER
Case No. 2:19-CV-1008-HCN
Howard C. Nielson, Jr.
United States District Judge

Plaintiff, John Redmond, a former inmate at Salt Lake County Jail, filed a pro se civil
rights complaint under 42 U.S.C. § 1983. On August 12, 2021, the court concluded that, because
on three or more prior occasions while he has been incarcerated Plaintiff has filed actions that
were ultimately dismissed as “frivolous or malicious or fail[ing] to state a claim upon which
relief may be granted,” 28 U.S.C. § 1915(g), Plaintiff could not proceed in forma pauperis and
ordered him to pay “the entire $350 filing fee within thirty days,” Dkt. No. 35. The court further
warned that “Plaintiff’s complaint will be dismissed unless he pays the entire $350 filing fee
within thirty days.” Id. at 2.
On March 30, 2022, the court denied Plaintiff’s motion for reconsideration of that order
and ordered that Plaintiff must pay the full $350 filing fee “no later than April 29, 2022.” Dkt.
No. 58 at 3. More than three months after that deadline has passed, the filing fee remains unpaid,
and the only documents filed by Plaintiff since then are evidentiary documents irrelevant to the
filing fee.

IT IS HEREBY ORDERED that Plaintiff shall file a brief showing cause why this case
should not be dismissed for failure to prosecute or to comply with court orders no later than
August 29, 2022. See D. Utah Civ. R. 83-1.3(e). Failure to do so will result in this action’s
dismissal for failure to prosecute and to comply with the court’s orders. See Fed. R. Civ. P.
41(b).
DATED this 29th day of July, 2022.
BY THE COURT:

Howard C. Nielson, Jr.
United States District Judge

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