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Oblad v. Smith

United States District Court, D. Utah

August 6, 2019

BRIAN OBLAD, Plaintiff,
v.
LORI SMITH et al., Defendants.

          MEMORANDUM DECISION & ORDER TO SHOW CAUSE REGARDING FAILURE TO CURE DEFICIENT SECOND AMENDED COMPLAINT

          JILL N. PARRISH JUDGE UNITED STATES DISTRICT COURT

• February 10, 2017

Submission of prisoner civil-rights complaint. (Doc. No. 3.)

• January 3, 2018

Order granting Plaintiff's motion to amend his complaint, giving guidance on amending the complaint, and denying two motions for appointed counsel. (Doc. No. 48.)

• July 3, 2018

Order screening Amended Complaint, (Doc. No. 49), requiring Plaintiff to cure the deficiencies in a second amended complaint, giving guidance on amending the complaint, and denying Plaintiff's third and fourth motions for appointed counsel. (Doc. No. 54.)

• July 19, 2018

Order granting sixty-day extension to file second amended complaint. (Doc. No. 57.)

• August 20, 2018

Second Amended Complaint filed. (Doc. No. 60.)

• May 8, 2019

Order screening Second Amended Complaint, requiring Plaintiff to cure deficiencies in a third amended complaint (due June 7, 2019), and giving guidance on amending the complaint. (Doc. No. 65.)

• May 29, 2019

Filing of Plaintiff's motion to stay and to transfer all exhibits from this case to state court. (Doc. No. 68.)

         Plaintiff's motion to stay is not well founded. It is based on his “transition[] out of the prison to the streets.” (Id.) However, the court has been patiently trying to get a valid complaint on the docket for over two years now, all the while providing guidance and resources. Plaintiff has had plenty of time to get this done; thus, his motion is denied.

         Plaintiff's motion for the court to “transfer exhibits filed in this case to be taken to 3d District Court . . . [and] make exhibits & documents available to [Plaintiff]” is also denied. There are six docket entries of exhibits, totaling 134 pages and an audio disc. This is a burdensome request without any support; his motion is therefore denied.

         FINAL EXPLANATION OF SECOND AMENDED COMPLAINT'S DEFICIENCIES

         Second Amended Complaint:

(a) does not properly affirmatively link defendants to civil-rights violations (e.g., no defendant is linked to inadequate-medical-treatment claim regarding dental emergency).
(b) possibly asserts claims regarding the constitutional validity of his imprisonment, which should be brought in a habeas-corpus petition, not a civil-rights complaint.
(c) asserts claims that are possibly invalidated by the rule in Heck (see below).
(d) fails to state a constitutional claim regarding parole which is not a federal right (see below).
(e) suggests a violation of the rule in Labrum v. Utah State Bd. of Pardons, 870 P.2d 902 (1993); however, Labrum is Utah law so does not set forth a federal civil-rights cause of action.
(f) does not acknowledge the potential Eleventh Amendment immunity attached to decisions of the Utah Board of Pardons and Parole.
(g) has claims apparently regarding current confinement; however, the complaint was apparently not drafted with the help of contract attorneys.

         FINAL ...


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