Opinion
Case No. CV00-0255-S-LMB
September 9, 2002
ORDER
This Court previously granted Plaintiffs Motion to Reconsider, allowing him to pursue additional defendants in this matter. The Court ordered Plaintiff to serve the defendants no later than 120 days after its Order, which would have been no later than July 20, 2002. Plaintiff has failed to serve the defendants.
In addition, the Court's previous Order sent to Plaintiff was returned, indicating that Plaintiff moved and did not leave a forwarding address. It is clear that Plaintiff does not intend to further pursue this matter, since he has taken no action in this case since January 2002, despite the Court's order requiring action on his part.
As a result of the foregoing, this matter shall be dismissed without prejudice.
ORDER
NOW THEREFORE IT IS HEREBY ORDERED that this action is dismissed in its entirety without prejudice.
APPENDIX
8. Petitioner was going to get married on June 18th of 98 but by being held so long in the county jail without any cause, caused his relationship to go bad;
9. That by the time petitioner was brought for his probable cause hearing he had been ruined socially, economically, and his family life had all, but fallen apart;
10. Attached to this affidavit is petitioners other affidavit that shows the unavailability of witnesses and other relevant facts that show the prejudice caused by respondents untimely probable cause bearing;
11. Petitioner was arrested for not having a job but when he received his report of violations it had other violations unrelated to not having a job;
12. Petitioner would have been released if he would have received a prompt probable cause hearing because he would have quickly shown that he had two (2) jobs, the one already mentioned and one with a temporary job service type of agency as a construction laborer:
13. Petitioner was in constent contact with his employer and did part time work around the office while he waited to start back full time at construction going on at Boise High school, and his employer would have testified to this fact at a prompt probable cause hearing:
14. Petitioners probable cause hearing had become a sham by the time he received it — meaning it didnt serv any purpose at all because he has already been destroid by not receiving a timely hearing;
15. Petitioner had a mental brake down in the county jail while he was awaiting to see what he was in jail for and waiting for his probable cause hearing and was unstable the day he went for his hearing;
16. Evidence petitioner wanted to produce at his probable cause hearing was stale by the time he received the hearing, meaning petitioners and witness Judy Windom;
17. Petitioners witness Judy Windom was asked a question outside the door and the hearing officer took this as her full testimoney and refused her entry to the hearing when she wanted to testify about all of petitioner alleged violations of which she had first hand knowledge making it relevant; (petitioners talking about his probable cause hearing that took place on 6-29-98);
18. Petitioner was completeing a successful effort at rehabilitation by completeing many parole programs, including intensive supervision, two (2) drug prevention classes, and all this was ruined before he was even given a chance to show there was no probable cause to hold him in jail;
19. Petitioner has talked with several other parolees from the Boise area and not a single one received a timely and prompt probable cause hearing going in favor of petitioners claim that he was, and others, routinely denied a timely probable cause bearing.