Opinion
2:23-cv-01134-RFB-BNW
10-18-2023
SEAN FOSTER, Plaintiff, v. STATE OF NEVADA, et al., Defendants.
ORDER
BRENDA WEKSLER UNITED STATES MAGISTRATE JUDGE
Pro se Plaintiff Sean Foster initiated this case on July 19, 2023. ECF No. 1. Plaintiff's first filing had two defects: 1) Plaintiff failed to include a completed financial certificate; and 2) failed to include an inmate trust account statement for the previous six-month period. Id. Accordingly, the Court ordered him to file an IFP application or pay the filing fee by September 22, 2023. ECF No. 3. The Court further advised Plaintiff that a failure to comply with its order would result in a recommendation that this case be dismissed. Id. Since this last order, Plaintiff has not taken any action in this case. Accordingly, it appears that Plaintiff abandoned his case.
IT IS THEREFORE RECOMMENDED that Plaintiff's case be dismissed without prejudice and this case closed.
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 14 days of being served with it. 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).