Allison v. Piro

District Court, D. Nevada

Allison v. Piro

Trial Court Opinion

2 UNITED STATES DISTRICT COURT 3 4 DISTRICT OF NEVADA *** 5 Ronald Allison, 6 Case No. 2:22-cv-01306-JAD-VCF Plaintiff, 7 vs. Order to Administratively Close Case 8 John J. Piro,

9 Defendant.

10 I previously ordered pro se plaintiff Ronald Allison to either file an application to proceed in 11 forma pauperis or pay the filing fee within thirty days of my order. ECF No. 3. The deadline has passed, 12 and plaintiff has not filed anything or paid the filing fee. Since plaintiff has not commenced this action, I 13 14 order that this case be administratively closed. 15 ACCORDINGLY, 16 I ORDER that the Clerk of Court is directed to administratively CLOSE this case. 17 NOTICE 18 Pursuant to Local Rules IB 3-1 and IB 3-2, a party may object to orders and reports and 19 recommendations issued by the magistrate judge. Objections must be in writing and filed with the Clerk 20 of the Court within fourteen days. LR IB 3-1, 3-2. The Supreme Court has held that the courts of appeal 21 may determine that an appeal has been waived due to the failure to file objections within the specified 22 time. Thomas v. Arn,

474 U.S. 140, 142

(1985). 23 This circuit has also held that (1) failure to file objections within the specified time and (2) 24 failure to properly address and brief the objectionable issues waives the right to appeal the District 25 Court's order and/or appeal factual issues from the order of the District Court. Martinez v. Ylst,

951 F.2d 1153, 1157

(th Cir. 1991); Britt v. Simi Valley United Sch. Dist.,

708 F.2d 452

, 454 (9th Cir. 1983).

5 Pursuant to LR JA 3-1, the plaintiff must immediately file written notification with the court of any 3 change of address. The notification must include proof of service upon each opposing party’s attorney, 4 || or upon the opposing party if the party is unrepresented by counsel. Failure to comply with this rule may 5 in dismissal of the action. 6 IT IS SO ORDERED. 7 DATED this 30th day of November 2022. 8 hee” AOE on. 9 CAM FERENBACH UNITED STATES MAGISTRATE JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

Reference

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