Opinion

Brown v. Sparks

Court
District Court, D. Utah
Filed
Jul 17, 2023
Cited by
0 cases
Authority
More cited than 32.1%

The opinion

THE UNITED STATES DISTRICT COURT

DISTRICT OF UTAH

KELLY CHRISTIAN BROWN,

MEMORANDUM DECISION &

Petitioner, DISMISSAL ORDER

V.

Case No. 1:22-CV-115-DAK

KELLY V. SPARKS,

District Judge Dale A. Kimball

Respondent.

On June 8, 2023, the Court ordered Petitioner to within thirty days show cause why this

federal habeas petition should not be dismissed under the exhaustion and abstention doctrines.

(ECF No. 2.) Petitioner has not responded. Indeed, Petitioner has not been heard from since this

action was filed on September 8, 2022--more than ten months ago. (ECF No. 1)

IT IS THEREFORE ORDERED that Petitioner's action is DISMISSED without

prejudice for failure to prosecute this case. See Fed. R. Civ. P. 41(b); Link v. Wabash R.R. Co.,

370 U.S. 626, 630-31 (1962); Olsen v. Mapes, 333 F.3d 1199, 1204 n.3 (10th Cir. 2003).

This action is CLOSED.

DATED this 17th day of July, 2023.

BY THE COURT:

TDLG k Yee

JUDGE DALE A. KIMBALL

United States District Court

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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