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