Ramsey v. Mercer
Ramsey v. Mercer
Trial Court Opinion
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2
3 UNITED STATES DISTRICT COURT
4 DISTRICT OF NEVADA
5 * * * 6 RHONDA RAMSEY, Case No. 2:23-cv-01165-MMD-EJY
7 Plaintiff, ORDER v. 8 ELIZABETH MERCER, et al., 9 Defendants. 10 11 Pro se Plaintiff Rhonda Ramsey submitted a complaint for violation of her civil 12 rights under
42 U.S.C. § 1983. (ECF No. 1-1.) Before the Court is the Report and 13 Recommendation (“R&R”) of United States Magistrate Judge Elayna J. Youchah 14 recommending that the Court dismiss this case without prejudice because Plaintiff failed 15 to timely comply with the Court’s order to pay the filing fee or file a complete application 16 to proceed in forma pauperis (“IFP Application”), though Judge Youchah previously 17 ordered her to do so. (ECF No. 4.) Objections to the R&R were due October 17, 2023. 18 (See id.) To date, Ramsey has not objected to the R&R. The Court thus adopts the R&R 19 in full and will dismiss this case without prejudice. 20 Because there was no objection, the Court need not conduct de novo review, and 21 is satisfied that Judge Youchah did not clearly err. See United States v. Reyna-Tapia, 22
328 F.3d 1114, 1116(9th Cir. 2003) (“De novo review of the magistrate judges’ findings 23 and recommendations is required if, but only if, one or both parties file objections to the 24 findings and recommendations.”) (emphasis in original). In the R&R, Judge Youchah 25 recommends dismissal without prejudice after explaining that Ramsey was ordered to 26 either pay the filing fee or file a complete IFP application by August 28, 2023 (ECF No. 3) 27 but failed to do so. (ECF No. 4.) Dismissal without prejudice for noncompliance with the 1 It is therefore ordered that Judge Youchah’s Report and Recommendation (ECF 2 || No. 4) is accepted and adopted in full. 3 It is further ordered that this case is dismissed, in its entirety, without prejudice. 4 The Clerk of Court is directed to enter judgment accordingly and close this case. 5 DATED THIS 25!" Day of October 2023. 6
8 □□□□□□□□□□□□□□□□□□□□□ 9 CHIEF UNITED STATES DISTRICT JUDGE
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Reference
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