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8 UNITED STATES DISTRICT COURT 9 DISTRICT OF NEVADA 10

11 RONALD J. ALLISON, Case No. 2:21-cv-01626-JAD-NJK 12 Plaintiff(s), REPORT AND RECOMMENDATION 13 v.

14 PARRA, et al., 15 Defendant(s). 16 Plaintiff initiated this case without paying the required fee or filing an application to 17 proceed in forma pauperis. Docket No. 1. On September 8, 2021, the Court ordered Plaintiff to 18 pay the filing fee or file an application to proceed in forma pauperis by October 7, 2021. Docket 19 No. 3. The Court warned that “[f]ailure to comply will result in a recommendation to the District 20 Judge that this case be dismissed.” Id. at 2. Notwithstanding that warning, Plaintiff did not 21 comply. 22 This case cannot proceed without Plaintiff either paying the filing fee or filing a motion to 23 proceed in forma pauperis. See

(a); see also

(a). Having refused 24 to do either in this case, Plaintiff’s complaint is subject to dismissal. E.g., Desai v. Biden, 2021

, at *1 (E.D. Cal. Jan. 5, 2021), adopted,

(E.D. Cal. Jan. 27, 2021). 26 Moreover, Plaintiff’s refusal to comply with the Court’s order is an abusive litigation 27 practice that has interfered with the Court’s ability to hear this case, delayed litigation, disrupted 28 the Court’s timely management of its docket, wasted judicial resources, and threatened the 1} integrity of the Court’s orders and the orderly administration of justice. Sanctions less drastic than 2|| dismissal are unavailable because Plaintiff has refused to comply with the order of this Court 3], notwithstanding the warning that case-dispositive sanctions may be imposed. 4 Accordingly, the undersigned RECOMMENDS that this case be DISMISSED without prejudice. 6 Dated: October 21, 2021 Nancy J. Koppe\, 8 United States Magistrate Judge 9 10 NOTICE 11 This report and recommendation is submitted to the United States District Judge assigned to this case pursuant to

(b)(1). A party who objects to this report and recommendation must 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 15|| a timely objection may waive the right to appeal the district court’s order. Martinez v. YIst, 951 16] F.2d 1153, 1157 (9th Cir. 1991). 17 18 19 20 21 22 23 24 25 26 27 28