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2 UNITED STATES DISTRICT COURT 3 DISTRICT OF NEVADA 4 * * * 5 Jessie Simms, Case No. 2:23-cv-01555-GMN-DJA 6 Plaintiff, 7 Report and Recommendation v. 8 Officer H. Beal, Officer A. Lopez, 9 Defendants. 10 11 12 The Court previously denied Plaintiff’s request to proceed in forma pauperis because his 13 application was missing certain information. (ECF No. 4). The Court gave Plaintiff until January 14 10, 2024 to file an amended application. (Id.). Plaintiff missed that deadline and, to date, has not 15 filed anything further in this case. In its order, the Court explained that “[f]ailure to timely 16 comply with this order may result in a recommendation to the district judge that this case be 17 dismissed.” (Id. at 3). 18 19 Accordingly, the undersigned RECOMMENDS that this case be DISMISSED without 20 prejudice. The Clerk of Court is kindly directed to send this recommendation to Plaintiff. 21 22 NOTICE 23 Pursuant to Local Rule IB 3-2 any objection to this Report and Recommendation must be 24 in writing and filed with the Clerk of the Court within (14) days after service of this Notice. The 25 Supreme Court has held that the courts of appeal may determine that an appeal has been waived 26 due to the failure to file objections within the specified time. Thomas v. Arn,

, 142 27 (1985), reh’g denied,

(1986). The Ninth Circuit has also held that (1) failure to file 1 issues waives the right to appeal the District Court’s order and/or appeal factual issues from the 2 order of the District Court. Martinez v. Ylst,

(9th Cir. 1991); Britt v. Simi 3 Valley United Sch. Dist.,

, 454 (9th Cir. 1983). 4 5 DATED: April 3, 2024 6

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8 DANIEL J. ALBREGTS UNITED STATES MAGISTRATE JUDGE 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27