Opinion
2:16-cv-00130-APG-CWH
06-21-2017
JONATHAN W. MUNDO, Plaintiff, v. STEVEN GRIFFIN, Defendant.
REPORT AND RECOMMENDATION
On May 17, 2017, the court entered an order requiring Plaintiff Jonathan W. Mundo to file an amended application to proceed in forma pauperis or to pay the filing fee in this case. (Order (ECF No. 2).) Plaintiff's deadline for doing so was June 16, 2017. (Id. at 2.) Plaintiff was advised that failure to comply with the court's order would result in a recommendation that his case be dismissed. (Id.) Plaintiff has not taken any action in this case since the court's order dated May 17, 2017, and therefore appears to have abandoned the case. Additionally, the court's order (ECF No. 2) was returned as undeliverable (see ECF No. 3), and Plaintiff has not filed a notice of change of address as required by Local Rule IA 3-1 and Local Special Rule 2-2, which is an independent grounds for dismissal under the court's local rules.
IT IS THEREFORE RECOMMENDED that Plaintiff Jonathan W. Mundo's case be dismissed without prejudice.
NOTICE
This report and recommendation is submitted to the United States district judge assigned to this case under 28 U.S.C. § 636(b)(1). A party who objects to this report and recommendation may file a written objection supported by points and authorities within fourteen days of being served with this report and recommendation. Local Rule IB 3-2(a). Failure to file a timely objection may waive the right to appeal the district court's order. Martinez v. Ylst, 951 F.2d 1153, 1157 (9th Cir. 1991).
DATED: June 21, 2017
/s/ _________
C.W. Hoffman, Jr.
United States Magistrate Judge