United States District Court, D. Utah
MEMORANDUM DECISION & DISMISSAL ORDER
TED STEWART UNITED STATES DISTRICT COURT.
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.
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
March 28, 2017 Defendant filed his answer. (Doc. No. 20.)
May 1, 2017 Plaintiff filed a change of address. (Doc. No.
June 23, 2017 Defendant filed a motion for hearing, instead
of a Martinez report and dispositive motion. (Doc.
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.
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.
June 1, 2018 Plaintiff filed response to Martinez