Tunde Solebo El v. State of Nevada

District Court, D. Nevada

Tunde Solebo El v. State of Nevada

Trial Court Opinion

2

3 4 UNITED STATES DISTRICT COURT 5 DISTRICT OF NEVADA *** 6 Rafeal Tunde Solebo El, 7 Case No. 2:22-cv-01256-CDS-VCF Plaintiff, 8 vs. ORDER TO ADMINISTRATIVELY CLOSE 9 State of Nevada, CASE 10 Defendants.

11 I previously denied pro se plaintiff Rafeal Tunde Solebo El’s application to proceed in forma 12 pauperis without prejudice. ECF No. 4. I gave plaintiff thirty days to either file a new IFP application or 13 14 pay the filing fee. Id. The deadline has passed, and plaintiff has not filed anything or paid the filing fee. 15 Since plaintiff has not commenced this action, I order that this case be administratively closed. 16 ACCORDINGLY, 17 I ORDER that the Clerk of Court is directed to administratively CLOSE this case. 18 NOTICE 19 Pursuant to Local Rules IB 3-1 and IB 3-2, a party may object to orders and reports and 20 recommendations issued by the magistrate judge. Objections must be in writing and filed with the Clerk 21 of the Court within fourteen days. LR IB 3-1, 3-2. The Supreme Court has held that the courts of appeal 22 may determine that an appeal has been waived due to the failure to file objections within the specified 23 time. Thomas v. Arn,

474 U.S. 140, 142

(1985). 24 This circuit has also held that (1) failure to file objections within the specified time and (2) 25 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. YIst,

951 F.2d 5 1153, 1157

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

708 F.2d 452

, 454 (9th Cir. 1983). 3 || Pursuant to LR IA 3-1, the plaintiff must immediately file written notification with the court of any 4 || change of address. The notification must include proof of service upon each opposing party’s attorney, 5 || or upon the opposing party if the party is unrepresented by counsel. Failure to comply with this rule may 6 || result in dismissal of the action. 7 IT IS SO ORDERED. 8 DATED this 10th day of January 2023. . 9 Za on BoB pantlleC _ 10 CAM FERENBACH UNITED STATES MAGISTRATE JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

Reference

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