Bey v. Steffen

District Court, D. Nevada

Bey v. Steffen

Trial Court Opinion

1

2 UNITED STATES DISTRICT COURT 3 DISTRICT OF NEVADA 4 * * * 5 Arah Muaba Bey; Amah Bajha El and Case No. 2:23-cv-00573-CDS-DJA 6 Heirs,

7 Plaintiffs, Report and Recommendation

8 v.

9 John T. Steffen, et al.,

10 Defendants.

11 12 On January 2, 2024, the Court entered an order requiring Plaintiffs to update their address 13 on or before January 29, 2024. (ECF No. 8). To date, Plaintiffs have not updated their address or 14 taken further action in this case. In the Court’s order, it explained that “[f]ailure to comply with 15 this order may result in a recommendation to the District Judge that this case be dismissed.” (Id. 16 at 2). 17 18 19 20 21 22 23 24 25 26 /// 27 /// 1 Accordingly, the undersigned RECOMMENDS that this case be DISMISSED without 2 prejudice. The Clerk of Court is kindly directed to send this recommendation to Plaintiffs. 3 4 NOTICE 5 Pursuant to Local Rule IB 3-2 any objection to this Report and Recommendation must be 6 in writing and filed with the Clerk of the Court within (14) days after service of this Notice. The 7 Supreme Court has held that the courts of appeal may determine that an appeal has been waived 8 due to the failure to file objections within the specified time. Thomas v. Arn,

474 U.S. 140, 142

(1985), reh’g denied,

474 U.S. 1111

(1986). The Ninth Circuit has also held that (1) failure to file 9 objections within the specified time and (2) failure to properly address and brief the objectionable 10 issues waives the right to appeal the District Court’s order and/or appeal factual issues from the 11 order of the District Court. Martinez v. Ylst,

951 F.2d 1153, 1157

(9th Cir. 1991); Britt v. Simi 12 Valley United Sch. Dist.,

708 F.2d 452

, 454 (9th Cir. 1983). 13

14 DATED: April 3, 2024 15

16 DANIEL J. ALBREGTS 17 UNITED STATES MAGISTRATE JUDGE

18 19 20 21 22 23 24 25 26 27

Reference

Status
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