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2 UNITED STATES DISTRICT COURT 3 DISTRICT OF NEVADA 4 * * * 5 RaJohn Coleman, Case No. 2:23-cv-01564-MMD-DJA 6 Plaintiff, 7 Report and Recommendation v. 8 Steve Wolfson, 9 Defendant. 10 11 After Plaintiff filed initiating documents without paying the filing fee or applying to 12 proceed in forma pauperis, the Court ordered Plaintiff to file an application or pay the filing fee 13 on or before January 29, 2024. (ECF No. 5). In that order, the Court explained that “if Plaintiff 14 does not file a fully complete application to proceed in forma pauperis or pay the full $405 filing 15 fee for a civil action on or before January 29, 2024, the Court will recommend dismissal of this 16 action.” (Id. at 2). To date, Plaintiff has not filed anything further in this case. 17 18 Accordingly, the undersigned RECOMMENDS that this case be DISMISSED without 19 prejudice. The Clerk of Court is kindly directed to send this recommendation to Plaintiff. 20 21 NOTICE 22 Pursuant to Local Rule IB 3-2 any objection to this Report and Recommendation must be 23 in writing and filed with the Clerk of the Court within (14) days after service of this Notice. The 24 Supreme Court has held that the courts of appeal may determine that an appeal has been waived 25 due to the failure to file objections within the specified time. Thomas v. Arn,

, 142 26 (1985), reh’g denied,

(1986). The Ninth Circuit has also held that (1) failure to file objections within the specified time and (2) failure to properly address and brief the objectionable 27 issues waives the right to appeal the District Court’s order and/or appeal factual issues from the 1 order of the District Court. Martinez v. Ylst,

(9th Cir. 1991); Britt v. Simi 2 Valley United Sch. Dist.,

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

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