Opinion
3:22-cv-05865-DGE
01-05-2023
KAYDEE HELEN NOON, Plaintiff, v. UNITED STATES AIR FORCE, Defendants.
REPORT AND RECOMMENDATION
THERESA L. FRICKE, UNITED STATES MAGISTRATE JUDGE.
On November 9, 2022, plaintiff filed a Motion for Leave to Proceed In Forma Pauperis (Dkt. 1), with respect to her proposed civil rights complaint (Dkt. 1-1). On December 5, 2022, the Court ordered plaintiff to show cause why the complaint should not be dismissed for failure to state a claim. Dkt. 2.
Given the identified deficiencies in the proposed complaint, the Court did not grant Plaintiff's IFP application. Plaintiff was given until December 23, 2022, to show cause why her complaint should not be dismissed or file an amended complaint. Plaintiff has not responded to the Court's order to show cause. Accordingly, the undersigned recommends that the Court DENY plaintiff's IFP application and dismiss her action without prejudice for failure to prosecute.
A plaintiff is not entitled to submit written objections to the Magistrate Judge's report and recommendation that IFP status should be denied. Minetti v. Port of Seattle, 152 F.3d 1113, 1114 (9th Cir. 1998)(per curiam). Denial of a motion to proceed IFP is an immediately appealable order. Tripati v. Rison, 847 F.2d 548, 548-549 (9th Cir. 1988). Under O'Neal v. Price, 531 F.3d 1146, 1151-1156 (9th Cir. 2008), the complaint should be dismissed without prejudice.