Opinion
Case No.: 2:12-cv-01934-GMN-GWF
06-25-2013
H. H. HOLDINGS, INC., et al., Plaintiffs, v. FREMONT HOTEL AND CASINO AUDIT DEPT., et al., Defendants.
ORDER ACCEPTING FINDING AND
RECOMMENDATION OF MAGISTRATE
JUDGE GEORGE FOLEY, JR.
Previously before the Court was Plaintiffs' Application to Proceed in Forma Pauperis (ECF No. 1) ("Application"), filed on November 9, 2012. In Magistrate Judge Foley's Order rendered on November 15, 2012, he denied Plaintiffs' Application because Plaintiffs failed to attach the required financial affidavit, therefore making it unable to assess Plaintiffs' ability to pay the filing fee. (ECF No. 2). The Court advised Plaintiffs that failure to provide a complete application or to pay the filing fee by December 15, 2012, would result in a recommendation that Plaintiffs' Complaint (ECF No. 1-2) be dismissed. Plaintiffs failed to submit a complete application to proceed in forma pauperis or to pay the filing fee by December 15, 2012.
Pending before the Court is the Finding and Recommendation (ECF No. 5) of the Honorable George Foley, Jr., United States Magistrate Judge, entered on January 4, 2013.
Pursuant to Local Rule IB 3-2(a), objections were due by January 21, 2013. No objections have been filed. In accordance with 28 U.S.C. § 636(b)(1) and Local Rule IB 1-4, the Court has reviewed the record in this case and has determined that Magistrate Judge Foley's Recommendation should be ACCEPTED.
IT IS THEREFORE ORDERED that Plaintiffs' Complaint (ECF No. 1-2) is hereby DISMISSED without prejudice, for failure to submit a complete application to proceed in forma pauperis or pay the filing fee by December 15, 2012.
IT IS FURTHER ORDERED that the Clerk of the Court shall enter judgment accordingly.
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Gloria M. Navarro
United States District Judge