Cardenas v. State of Nevada
Cardenas v. State of Nevada
Trial Court Opinion
2 UNITED STATES DISTRICT COURT 3 4 DISTRICT OF NEVADA *** 5 Alfredo Cardenas, 6 Case No. 2:22-cv-01055-GMN-VCF Plaintiff, 7 vs. Order to Administratively Close Case 8 State of Nevada,
9 Defendant.
10 Judge Navarro ordered plaintiff to either file an in forma pauperis application on the Court’s 11 approved form or pay the filing fee by Monday, February 13, 2023. ECF No. 6. The deadline has passed, 12 and plaintiff has not filed anything or paid the filing fee. Judge Navarro’s order was also returned as 13 14 “undeliverable.” ECF No. 7. In my earlier order, I warned plaintiff that, “[p]ursuant to LR IA 3-1, the 15 plaintiff must immediately file written notification with the court of any change of address…Failure to 16 comply with this rule may result in dismissal of the action.” ECF No. 4. Plaintiff did not update his 17 address with the Court. Since plaintiff has not commenced this action, I order that this case be 18 administratively closed. 19 ACCORDINGLY, 20 I ORDER that 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 recommendations issued by the magistrate judge. Objections must be in writing and filed with the Clerk 24 of the Court within fourteen days. LR IB 3-1, 3-2. The Supreme Court has held that the courts of appeal 25 may determine that an appeal has been waived due to the failure to file objections within the specified time. Thomas v. Arn,
474 U.S. 140, 142(1985).
5 This circuit has also held that (1) failure to file objections within the specified time and (2) 3 || failure to properly address and brief the objectionable issues waives the right to appeal the District 4 || Court's order and/or appeal factual issues from the order of the District Court. Martinez v. YIst,
951 F.2d 5|{ 1153, 1157 (9th Cir. 1991); Britt v. Simi Valley United Sch. Dist.,
708 F.2d 452, 454 (9th Cir. 1983). 6 || Pursuant to LR IA 3-1, the plaintiff must immediately file written notification with the court of any 7 || change of address. The notification must include proof of service upon each opposing party’s attorney, 8 Hl or upon the opposing party if the party is unrepresented by counsel. Failure to comply with this rule may ° result in dismissal of the action. IT IS SO ORDERED. DATED this 5th day of April 2023.
13 CAM FERENBACH 14 UNITED STATES MAGISTRATE JUDGE
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Reference
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