Webb
v.
Boulevard Mall

This case is not covered by Casetext's citator
UNITED STATES DISTRICT COURT DISTRICT OF NEVADAAug 28, 2018
Case No.: 2:18-cv-1293-JAD-NJK (D. Nev. Aug. 28, 2018)

Case No.: 2:18-cv-1293-JAD-NJK

08-28-2018

TRACY WEBB, Plaintiff(s), v. BOULEVARD MALL, et al., Defendant(s).


REPORT AND RECOMMENDATION

On July 19, 2018, the Court denied Plaintiff's application to proceed in forma pauperis without prejudice. Docket No. 3. The Court ordered Plaintiff to either file a completed application to proceed in forma pauperis or pay the filing fee, no later than August 20, 2018. Id. The Court expressly warned Plaintiff that "[f]ailure to comply will result in a recommendation to the district judge for dismissal of this action." Id. Notwithstanding that explicit warning, Plaintiff has not complied.

Accordingly, the undersigned RECOMMENDS that this case be DISMISSED without prejudice.

Dated: August 28, 2018

/s/_________


NANCY J. KOPPE


United States Magistrate Judge

NOTICE

Pursuant to Local Rule IB 3-2 any objection to this Report and Recommendation must be in writing and filed with the Clerk of the Court within 14 days of service of this document. The Supreme Court has held that the courts of appeal may determine that an appeal has been waived due to the failure to file objections within the specified time. Thomas v. Arn, 474 U.S. 140, 142 (1985). This circuit has also held that (1) failure to file objections within the specified time and (2) failure to properly address and brief the objectionable issues waives the right to appeal the District Court's order and/or appeal factual issues from the order of the District Court. Martinez v. Ylst, 951 F.2d 1153, 1157 (9th Cir. 1991); Britt v. Simi Valley United Sch. Dist., 708 F.2d 452, 454 (9th Cir. 1983).