1

2 UNITED STATES DISTRICT COURT 3 DISTRICT OF NEVADA 4 * * * 5 Fatima Ali Esse, Case No. 2:24-cv-01336-GMN-DJA 6 Plaintiff, 7 Report and Recommendation v. 8 Milhem Esse, 9 Defendant. 10 11 On July 26, 2024, the Court noted that Plaintiff had failed to pay the filing fee or submit 12 an application to proceed in forma pauperis (which means without proceeding without paying the 13 filing fee). The Court gave Plaintiff until August 26, 2024, to file an application to proceed in 14 forma pauperis, pay the filing fee, or file a notice of voluntary dismissal because it appeared that 15 Plaintiff had filed a divorce action in the wrong court. In doing so, the Court informed Plaintiff 16 that if Plaintiff did not comply with the order, “the undersigned magistrate judge will recommend 17 dismissal to the assigned district judge that this action be dismissed.” (Id.). To date, Plaintiff has 18 not filed anything further in this action and appears to have ceased prosecuting it. See Fed. R. 19 Civ. P. 41(b). 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 25 26 /// 27 /// 1 NOTICE 2 Pursuant to Local Rule IB 3-2 any objection to this Report and Recommendation must be 3 in writing and filed with the Clerk of the Court within (14) days after service of this Notice. The 4 Supreme Court has held that the courts of appeal may determine that an appeal has been waived 5 due to the failure to file objections within the specified time. Thomas v. Arn,

(1985), reh’g denied,

(1986). The Ninth Circuit has also held that (1) failure to 6 file objections within the specified time and (2) failure to properly address and brief the 7 objectionable issues waives the right to appeal the District Court’s order and/or appeal factual 8 issues from the order of the District Court. Martinez v. Ylst,

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

, 454 (9th Cir. 1983). 10

11 DATED: September 16, 2024 12

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