1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 Idolio Monsivias, 4 2:22-cv-02116-JAD-MDC Plaintiff(s), 5 vs. Report and Recommendation to Dismiss 6 Seamless Gutters, 7 Defendant(s). 8 Pro se plaintiff Idolio Monsivias has failed to complete service on defendants Seamless Gutters 9 and G.C. Hyteck. On December 21, 2022, Mr. Monsivias filed his complaint against Cody Peterson 10 Seamless Gutters and G.C. Hyteck Josh Jacobson. ECF No. 1 at 1. On November 7, 2023, Judge 11 Ferenbach (retired) ordered Mr. Monsivias to complete service by February 6, 2024. ECF No. 8. Mr. 12 Monsivias later moved to amend his complaint to reflect the correct name of the defendants, i.e., 13 Seamless Gutters and G.C. Hyteck. ECF No. 12. I granted the Motion to Amend and ordered Mr. 14 Monsivias to file his amended complaint by February 2, 2024. ECF No. 16. I also ordered Mr. 15 16 Monsivias to comply with Judge Ferenbach’s Order (ECF No. 8) to complete service by February 6, 17 2024. ECF No. 16. Mr. Monsivias failed to comply with the Order. On February 16, 2024, I gave Mr. 18 Monsivias one final chance to complete service by March 15, 2024. ECF No. 20. I warned Mr. 19 Monsivias that failure to comply with the Order may result in the dismissal of his case. Id. Mr. 20 Monsivias failed to comply with the Court’s Order. I recommend that this case be dismissed pursuant to 21 Rule 4(m). 22 ACCORDINGLY, 23 I RECOMMEND that this case be dismissed without prejudice for failure to complete service 24 pursuant to Rule 4(m) and the Court’s Orders. 25 NOTICE

2 Pursuant to Local Rules IB 3-1 and IB 3-2, a party may object to orders and reports and 3 || recommendations issued by the magistrate judge. Objections must be in writing and filed with the Clerk 4 || of the Court within fourteen days. LR IB 3-1, 3-2. The Supreme Court has held that the courts of appeal ° may determine that an appeal has been waived due to the failure to file objections within the specified 6 time. Thomas v. Arn,

(1985). 7 This circuit has also held that (1) failure to file objections within the specified time and (2) failure g properly address and brief the objectionable issues waives the right to appeal the District Court's order 10 || and/or appeal factual issues from the order of the District Court. Martinez v. Yist,

(9th 11 || Cir. 1991); Britt v. Simi Valley United Sch. Dist.,

, 454 (9th Cir. 1983). Pursuant to LR IA 3- 12 |! 1, the plaintiff must immediately file written notification with the court of any change of address. The 13 . , □ notification must include proof of service upon each opposing party’s attorney, or upon the opposing party 14 if the party is unrepresented by counsel. Failure to comply with this rule may result in dismissal of the 15 action. 16 17 DATED this 8" day of April 2024. JZ) 18 IT IS SO RECOMMENDED. Lil / sf 4 x A 4 / ff i 20 _f eg Maximiliano D/ Couyillier III 1 United States Magéstrate Judge 22 23 24 25