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Jese v. Dennis

United States District Court, D. Utah

February 4, 2019

FRANK JESE, Plaintiff,
v.
TIM DENNIS, Defendant.

          MEMORANDUM DECISION & DISMISSAL ORDER

          JUDGE TED STEWART UNITED STATES DISTRICT COURT.

         BACKGROUND

         • May 2, 2016 Plaintiff filed his prisoner civil-rights complaint, in which he asserted his federal civil rights were violated, apparently for a short period starting on about December 23, 2014. (Doc. No. 5.)

         • February 13, 2017 Plaintiff filed a change of address. (Doc. No. 12.)

         • February 15, 2017 The Court ordered service of process on Defendant Dennis. Defendant was ordered to file in sequence an answer, a Martinez report, and a dispositive motion. (Doc. No. 13.) The Order further stated, “If served with a Martinez report, Plaintiff must submit a response within 30 days of the motion's filing date.” (Id. (emphasis added).)

         • March 28, 2017 Defendant filed his answer. (Doc. No. 20.)

         • May 1, 2017 Plaintiff filed a change of address. (Doc. No. 23.)

         • June 23, 2017 Defendant filed a motion for hearing, instead of a Martinez report and dispositive motion. (Doc. No. 24.)

         • October 24, 2017 Having not received a response to Defendant's motion for hearing, the Court ordered Plaintiff to within thirty days respond to the motion. (Doc. No. 26.)

         • December 5, 2017 The Court's October 24, 2017 Order was returned to the Court as undeliverable, marked, “Not here.” (Doc. No. 27.) The Court Clerk's note on the docket shows that a clerk did a Utah Offender Search, saw Plaintiff was in Washington County Jail and re-sent the Order to that address. (Docket Entry No. 27.)

         • December 27, 2017 Plaintiff responded to Defendant's motion for hearing. (Doc. No. 29.)

         • February 9, 2018 The Court denied Defendant's motion for hearing and again ordered a Martinez report and dispositive motion. (Doc. No. 30.)

         • May 9, 2018 Defendant filed Martinez report. (Doc. No. 33.)

         • June 1, 2018 Plaintiff filed response to Martinez ...


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