Opinion
2:22-cv-00988-GMN-DJA
11-01-2022
Philip C.H. Peng, Plaintiff, v. Internal Revenue Service, Defendant.
REPORT AND RECOMMENDATION
DANIEL J. ALBREGTS, UNITED STATES MAGISTRATE JUDGE
Plaintiff is proceeding pro se in this matter after the Court granted his motion to proceed in forma pauperis. (ECF No. 4). In that order, the Court also dismissed Plaintiff's complaint without prejudice, giving him until September 16, 2022 to file an amended complaint. (Id.). The Court explained that “[f]ailure to comply with this order will result in the recommended dismissal of this case.” (Id. at 4). To date, Plaintiff has not filed an amended complaint.
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).