Whitley v. Cockran et al

Filing 7

MEMORANDUM DECISION & DISMISSAL ORDER. Plaintiff's action is DISMISSED without prejudice. Signed by Judge Jill N. Parrish on 10/07/2020. (nl)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF UTAH
BRADLEY S. WHITLEY,
Plaintiff,
v.
CARRIE COCKRAN et al.,
Defendants.

MEMORANDUM DECISION
& DISMISSAL ORDER
Case No. 2:20-cv-495-JNP
District Judge Jill N. Parrish

Plaintiff filed a prisoner civil-rights complaint under 42 U.S.C.S. § 1983 (2020), (ECF
No. 4), and was granted in forma pauperis status under 28 U.S.C.S. § 1915 (2020), (ECF No. 3).
However, Plaintiff has not followed the court's July 28, 2020 Order, (id.), to file within thirty
days a "certified copy of the trust fund account statements . . . for the 6-month period
immediately preceding the filing of the complaint . . . obtained from the appropriate official of
each prison at which prisoner is confined.” See 28 U.S.C.S. § 1915(a)(2). Indeed, the Order was
returned to sender, marked, “Not in Custody.” (ECF No. 6.) And, Plaintiff has not since updated
his address with the court as required. See D. Utah Civ. R. 83-1.3(e) ("In all cases, counsel and
parties appearing pro se must notify the clerk's office immediately of any change in address,
email address, or telephone number.").

Accordingly, IT IS ORDERED that—for failure to obey the court’s Order and to
prosecute this case—Plaintiff’s action is DISMISSED without prejudice. See DUCivR 41-2. This
action is CLOSED.
DATED this 7th day of October, 2020.
BY THE COURT:

JUDGE JILL N. PARRISH
United States District Court

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