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Chaides v. Strong

United States District Court, D. Utah

August 16, 2019

DANIEL R. CHAIDES, Plaintiff,
v.
B. STRONG et al., Defendants.

          MEMORANDUM DECISION & DISMISSAL ORDER

          JILL N. PARRISH UNITED STATES DISTRICT COURT JUDGE.

         BACKGROUND

         • September 14, 2017 Plaintiff submitted pro se prisoner civil-rights complaint, asserting federal civil rights violated, apparently from about March through April, 2015. (Doc. No. 6.)

         • October 30, 2017 Order entered requiring Plaintiff to pay toward filing fee and denying Plaintiff's first motion for appointed counsel. (Doc. Nos. 4 & 5.)

         • November 17, 2017 As ordered, Plaintiff filed consent to incremental collection of filing fee. (Doc. No. 8.)

         • November 29, 2017 As ordered, Plaintiff paid initial partial filing fee.

         • June 26, 2018 Order dismissing Defendants State of Utah and Utah State Prison and ordering service of process on Defendants Strong, Zimmerman, Graham, Archer, and unnamed telemed doctor. (Doc. No. 9.)

         • July 16, 2018 Summonses returned executed as to Defendants Strong, Zimmerman, Graham, and Archer. (Doc. No. 12.) Summons returned unexecuted as to unnamed telemed doctor. (Doc. No. 13.)

         • November 21, 2018 As ordered, Martinez report filed by Defendants (except unnamed telemed doctor). (Doc. No. 29.)

         • December 6, 2018 As ordered, summary-judgment motion filed by Defendants (except unnamed telemed doctor). (Doc. No. 32.)

         • May 6, 2019 Order to Show Cause entered, in which Court noted that Plaintiff had not filed summary-judgment response due January 7, 2019, and had not been directly heard from by Court since November 17, 2017, nearly eighteen months before. (Doc. No. 33.)

         • July 15, 2019 Second Order to Show Cause entered, in which Court noted, “On May 16, 2019, Plaintiff submitted a letter that does not appear to be a proper summary-judgment response. (Doc. No. 34.) He promised that he would write again soon, but has not.” (Doc. No. 35.) Plaintiff was given “a FINAL 14 days” to “SHOW CAUSE why his case should not be dismissed for failure to prosecute and failure to file response.” (Id.)

         • July 25, 2019 Plaintiff filed two-page letter reiterating details of claims and requesting continuance “so in September at the half-way house [he] ...


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