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Judge: State of Utah v. Mark Allen remains closed with prejudice; court declines to accept new filings

State of Utah โ€” Administrative Hearing (Presiding Judge) ยท May 1, 2025
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Summary

At a virtual administrative hearing, the presiding judge told defendant Mark Allen that case no. 211401656 is closed with prejudice and that the court will not accept or file new pleadings in that closed matter; Allen asked to place a statement on the record and said the matter has been elevated to the U.S. Department of Justice, requests the judge denied.

A presiding judge overseeing an administrative hearing confirmed that State of Utah v. Mark Allen, case no. 211401656, is closed with prejudice and said the court cannot receive or act on additional filings in that matter.

"This case is closed with prejudice," the judge said, telling Mark Allen that she had no authority to accept new pleadings, issue subpoenas, or reopen the case. She said any documents filed in the closed case would be set aside and could not be filed in that docket.

Mark Allen, appearing on his own behalf, asked to read a prepared statement and urged the court to preserve records related to the case. He said the dismissal has not been signed since September 2024 and alleged years of wrongful prosecution and double jeopardy violations. "It's been elevated to the DOJ. It landed on Pam Bombardier's desk yesterday. My congressman's watching it," Allen said, asking that the record be preserved for a Department of Justice review.

The judge interrupted and told Allen she would not accept factual statements in a case that is closed with prejudice. She denied the request to preserve materials in that closed docket and advised Allen that, if he wishes to pursue subpoenas or further relief, he may file a separate action; if that separate case were assigned to her she would consider the requests on their merits.

The judge also said she will review Rule 83 to determine whether to pursue a vexatious-litigant designation after repeated filings in a case that cannot be reopened. "If you continue to file matters in this case, I'm not going to entertain them," she said.

Allen named several prosecutors in his remarks and said he believed certain statutory violations applied; the judge declined to address those factual claims within the closed docket. The hearing ended with the judge reiterating that the matter will remain closed with prejudice and that she will not hold another hearing in the case.

No formal orders were signed or filed during the session and no change to the case status was made on the record. The judge suggested Allen may take his concerns to federal authorities if he seeks DOJ review.