Opinion
Case No. 2:20-cv-00423-GMN-DJA
04-27-2020
ADDISON ORR, Plaintiff, v. JUSTIN WILLIAMS, ET AL., Defendants.
REPORT AND RECOMMENDATION
The Court previously denied without prejudice Plaintiff's request to proceed in forma pauperis as incomplete. (ECF No. 3). It granted him an extension to file a second, complete application by April 17, 2019. Id. The Court stated, "failure to timely comply with this order may result in a recommendation that this case be dismissed." Id. To date, the Court has not received a new completed application, the filing fee, or any request to extend the April 17, 2020 deadline for filing one.\
RECOMMENDATION
Accordingly, the undersigned RECOMMENDS that this case be DISMISSED without prejudice.
NOTICE
Pursuant to Local Rule IB 3-2 any objection to this Report and Recommendation must be in writing and filed with the Clerk of the Court within (14) days after service of this Notice. The Supreme Court has held that the courts of appeal may determine that an appeal has been waived due to the failure to file objections within the specified time. Thomas v. Arn, 474 U.S. 140, 142 (1985), reh'g denied, 474 U.S. 1111 (1986). The Ninth Circuit has also held that (1) failure to file objections within the specified time and (2) failure to properly address and brief the objectionable issues waives the right to appeal the District Court's order and/or appeal factual issues from the order of the District Court. Martinez v. Ylst, 951 F.2d 1153, 1157 (9th Cir. 1991); Britt v. Simi Valley United Sch. Dist., 708 F.2d 452, 454 (9th Cir. 1983).
DATED: April 27, 2020
/s/_________
DANIEL J. ALBREGTS
UNITED STATES MAGISTRATE JUDGE