Opinion
2:22-cv-00819-GMN-DJA
01-20-2023
Bryan P. Bonham, Plaintiff, v. Barbara K. Cegavske, Defendant.
REPORT AND RECOMMENDATION
DANIEL J. ALBREGTS, UNITED STATES MAGISTRATE JUDGE
Plaintiff submitted initiating documents on May 23, 2022. (ECF Nos. 1, 1-1). However, the Court found that Plaintiff's in forma pauperis application was incomplete. (ECF No. 3). The Court thus denied Plaintiff's application and gave him until July 1, 2022 to file a complete application or pay the filing fee. (Id.). It warned him that failure to timely comply with the order could result in a recommendation that the case be dismissed. (Id.).
Plaintiff filed a new application on June 27, 2022. (ECF No. 4). The application was still incomplete because it lacked a financial certificate, but Plaintiff explained that he “sent out a request for financial cert [sic], it has not come back.” (Id.). The Court thus denied Plaintiff's application without prejudice and gave him until November 7, 2022 to file a complete application. (ECF No. 5). It informed him that failure to comply with the order would result in a recommendation to the district judge that the case be dismissed. (Id.). Plaintiff missed this deadline and to date has filed nothing further with the Court.
Accordingly, the undersigned RECOMMENDS that this case be DISMISSED.
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).