Steele v. California Safe Roads Alliance
Steele v. California Safe Roads Alliance
Trial Court Opinion
UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3
4 Robert Steele, 5 Case No. 2:23-cv-02084-JAD-MDC
6 Plaintiff(s), Report and recommendation for dismissal vs. 7 California Safe Roads Alliance, et al., 8 Defendant(s). 9
10 The Court previously granted pro se plaintiff Robert Steele’s application to proceed in forma 11 pauperis and dismissed his proposed complaint without prejudice with leave to amend. ECF No. 6. 12 Plaintiff has not filed an amended complaint and the deadline to do so has passed. Id. Plaintiff has 13 apparently abandoned this case. For the reasons discussed in the Court’s earlier order (ECF No. 6), 14 plaintiff’s case should be dismissed. Plaintiff will not be prejudiced because he has an opportunity to 15 object to this report and recommendation. 16 ACCORDINGLY, 17 The Court RECOMMENDS that this action be DISMISSED. 18 NOTICE 19 20 Pursuant to Local Rules IB 3-1 and IB 3-2, a party may object to orders and reports and 21 recommendations issued by the magistrate judge. Objections must be in writing and filed with the Clerk 22 of the Court within fourteen days. LR IB 3-1, 3-2. The Supreme Court has held that the courts of appeal 23 may determine that an appeal has been waived due to the failure to file objections within the specified 24 time. Thomas v. Arn,
474 U.S. 140, 142(1985). This circuit has also held that (1) failure to file 25 objections within the specified time and (2) failure to properly address and brief the objectionable issues waives the right to appeal the District Court's order and/or appeal factual issues from the order of the
5 District Court. Martinez v. Yist,
951 F.2d 1153, 1157(9th Cir. 1991); Britt v. Simi Valley United Sch.
3 || Dist.,
708 F.2d 452, 454 (9th Cir. 1983). Pursuant to LR IA 3-1, the plaintiff must immediately file 4 || written notification with the court of any change of address. The notification must include proof of 5 || service upon each opposing party’s attorney, or upon the opposing party if the party is unrepresented by 6 || counsel. Failure to comply with this rule may result in dismissal of the action. 7 It is so recommended. “p, — 8 Dated this 19th day of April 2024. ip x, a 9 4 f/\ 10 if ff 11 ete I United Stages Magistrate Judge 12 13 14 15 16 17 18 19 20 21 22 23 24 25
Reference
- Status
- Unknown