1

2 UNITED STATES DISTRICT COURT 3 DISTRICT OF NEVADA 4 * * * 5 Khari Varner, Tera Strawter, J.K.V., K- Case No. 2:24-cv-00537-JAD-DJA 6 L.V.V., N.S.V., and K.T.V.,

7 Plaintiffs, Report and Recommendation

8 v.

9 Sawnte Strawter; et al.,

10 Defendants.

11 12 On May 17, 2024, the Court dismissed Plaintiff Khari Varner’s amended complaint and 13 gave her until June 17, 2024, to file an amended complaint. (ECF No. 12). The Court also 14 explained that “[i]f Varner amends the complaint and chooses to include Tera Strawter and the 15 minor children as plaintiffs to the action, Tera Strawter must file an accompanying application to 16 proceed in forma pauperis and the minor children must appear through counsel.” (Id.). The 17 Court further explained that “[f]ailure to timely comply with this order may result in a 18 recommendation to the district judge that this case be dismissed.” (Id.). To date, Plaintiffs have 19 not filed anything further in this action. 20 21 Accordingly, the undersigned RECOMMENDS that this case be DISMISSED without 22 prejudice. The Clerk of Court is kindly directed to send this recommendation to Plaintiff. 23 24 NOTICE 25 Pursuant to Local Rule IB 3-2 any objection to this Report and Recommendation must be 26 in writing and filed with the Clerk of the Court within (14) days after service of this Notice. The Supreme Court has held that the courts of appeal may determine that an appeal has been waived 27 due to the failure to file objections within the specified time. Thomas v. Arn,

, 142 1 (1985), reh’g denied,

(1986). The Ninth Circuit has also held that (1) failure to file 2 objections within the specified time and (2) failure to properly address and brief the objectionable 3 issues waives the right to appeal the District Court’s order and/or appeal factual issues from the 4 order of the District Court. Martinez v. Ylst,

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

, 454 (9th Cir. 1983). 5

6 DATED: August 30, 2024 7

8

9

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