Owen v. USA et al, No. 2:2018cv00434 - Document 36 (D. Utah 2022)
Court Description: MEMORANDUM DECISION and Order After Tenth Circuit's Remand Opinion - This Court's 23 Order is VACATED regarding Petitioner's § 1983 claims against the United States and State of Utah. Petitioner's § 19 83 claims against the United States and State of Utah are DISMISSED WITHOUT PREJUDICE. This Court's 23 Order is VACATED as to Petitioner's § 2254 claims, so that Petitioner may--within thirty days--bring all his habeas claims in a single petition or withdraw his § 2254 claims. Failure to comply will result in dismissal. This Court's 24 judgment is VACATED. Signed by Judge David Barlow on 08/17/2022. (jl)
Download PDF
<![CDATA[
Owen v. USA et al Doc. 36 Case 2:18-cv-00434-DBB Document 36 Filed 08/17/22 PageID.301 Page 1 of 2 THE UNITED STATES DISTRICT COURT DISTRICT OF UTAH SEAN C. OWEN, Petitioner, v. MEMORANDUM DECISION & ORDER AFTER TENTH CIRCUIT’S REMAND OPINION UNITED STATES OF AMERICA et al., Respondents. Case No. 2:18-CV-434 DBB District Judge David Barlow On June 23, 2022, the Tenth Circuit Court of Appeals remanded to this Court "to VACATE the dismissal with prejudice for Mr. Owen's claims pursuant to 42 U.S.C. § 1983 against the United States and State of Utah and to enter an order dismissing those claims without prejudice." Owen v. United States, No. 21-4134 (10th Cir. June 23, 2022). The Tenth Circuit further remanded to this Court "to VACATE the dismissal of Mr. Owen's claims properly construed as seeking habeas relief pursuant to § 2254 so that he may bring all of his habeas claims in a single petition or withdraw those claims." (Id.) IT IS THEREFORE ORDERED that: (1) This Court's Order, (ECF No. 23), is VACATED regarding Petitioner's § 1983 claims against the United States and State of Utah. (2) Petitioner's § 1983 claims against the United States and State of Utah are DISMISSED WITHOUT PREJUDICE. Dockets.Justia.com Case 2:18-cv-00434-DBB Document 36 Filed 08/17/22 PageID.302 Page 2 of 2 (3) This Court's Order, (ECF No. 23), is VACATED as to Petitioner's § 2254 claims, so that Petitioner may--within thirty days--bring all his habeas claims in a single petition or withdraw his § 2254 claims. Failure to comply will result in dismissal. (4) This Court's judgment is VACATED. (ECF No. 24.) DATED this 17th day of August, 2022. BY THE COURT: JUDGE DAVID BARLOW United States District Court
]]>
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You
should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
