Thompson v. Utah Court of Appeals

THE UNITED STATES DISTRICT COURT
DISTRICT OF UTAH
WESLEY THOMPSON,
Plaintiff,
v.
UTAH COURT OF APPEALS,
Defendant.
MEMORANDUM DECISION
& DISMISSAL ORDER
Case No. 4:25-CV-109-AMA
District Judge Ann Marie McIff Allen
Plaintiff, Wesley Thompson, a Utah state inmate, filed a pro se civil complaint. (See ECF
No. 1). Because Plaintiff had, three or more prior times while incarcerated, filed an action
dismissed as "frivolous or malicious or fail[ing] to state a claim upon which relief may be
granted," 28 U.S.C. § 1915(g), the Court concluded that Plaintiff could not proceed in forma
pauperis but must pay his entire $350 filing fee up front. (ECF No. 9 (filed Sept. 29, 2025).) The
Court warned that Plaintiff’s action would be dismissed unless he paid the full filing fee within
thirty days. (Id.) Plaintiff has not since paid the full filing fee, instead writing a letter to the Court
stating, "I cannot pay the fee up front, and will be abandoning this complaint/case." (ECF No.
12.)
Based on Plaintiff's failure to pay the full filing fee and to further prosecute this action,
IT IS ORDERED that this action is DISMISSED without prejudice. IT IS FURTHER
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ORDERED that the initial partial filing fee of $0.09 mistakenly sent from Plaintiff's Utah
Department of Corrections' inmate account shall be refunded by the Court's clerk's office.
DATED this 17th day of November 2025.
BY THE COURT:
______________________________
ANN MARIE MCIFF ALLEN
United States District Judge
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