Chance
Chance
Trial Court Opinion
1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 *** ROBERT D. CHANCE, ANNE M. CHANCE, 4 Plaintiff, 5 2:21-cv-01687-APG-VCF vs. ORDER 6 UNITED STATES OF AMERICA ex rel, et al., 7 Defendants. 8 Before the Court is Plaintiffs’ petition to the United States Grand Jury for criminal violations of 9 civil rights. (ECF No. 1). 10 Federal Rule of Civil Procedure 3 governs commencing an action. Fed. R. Civ. P. 3. “A civil 11 action is commenced by filing a complaint with the court.” Id. A complaint must contain the following: 12 (1) a statement of the grounds for jurisdiction, (2) a short and plain statement of the claim showing why 13 the Plaintiff is entitled to relief, and (3) a demand for relief. Fed. R. Civ. P. 8(a). 14 Under
28 U.S.C. § 1914(a), a filing fee is required to commence a civil action in federal court. 15 Plaintiffs were ordered to pay the filing fee or file an application to proceed in forma pauperis by 16 January 17, 2022. (ECF No. 3). 17 To date, Plaintiffs have not complied with Rule 3. No complaint commencing this action has been 18 filed. The filing fee has not been paid. 19 Accordingly, 20 The Clerk of Court is directed to administratively close this case. 21 NOTICE 22 Pursuant to Local Rules IB 3-1 and IB 3-2, a party may object to orders and reports and 23 24 recommendations issued by the magistrate judge. Objections must be in writing and filed with the Clerk 25 of the Court within fourteen days. LR IB 3-1, 3-2. 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
5 time. Thomas v. Arn,
474 U.S. 140, 142(1985). This circuit has also held that (1) failure to file objections 3 || Within the specified time and (2) failure to properly address and brief the objectionable issues waives the 4 || right to appeal the District Court's order and/or appeal factual issues from the order of the District Court. 5 || Martinez v. Ylst,
951 F.2d 1153, 1157(9th Cir. 1991); Britt v. Simi Valley United Sch. Dist.,
708 F.2d 452, 6 || 454 (9th Cir. 1983). 7 Pursuant to Local Special Rule 2-2, the Plaintiff must immediately file written notification with 8 |! the court of any change of address. The notification must include proof of service upon each opposing ° party of the party’s attorney. Failure to comply with this Rule may result in dismissal of the action. 10 See LSR 2-2. 11 ny DATED this 18th day of January, 2022. Loew ete E 13 4 UNITED STATES MAGISTRATE JUDGE
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Reference
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