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2 UNITED STATES DISTRICT COURT 3 DISTRICT OF NEVADA 4 * * * 5 Higgins Family Trust, Case No. 2:24-cv-01664-CDS-DJA 6 Plaintiff, 7 Report and Recommendation v. 8 Debra Anne Haaland, et al., 9 Defendants. 10 11 On September 12, 2024, the Court informed Plaintiff that, to initiate the action, Plaintiff 12 would have to either pay the filing fee or file an application to proceed in forma pauperis. (ECF 13 No. 3). It warned Plaintiff that “if Plaintiff does not file a fully complete application to proceed 14 in forma pauperis or pay the full $405 filing fee for a civil action on or before October 11, 2024, 15 the Court will recommend dismissal of this action.” (Id. at 2). To date, Plaintiff has not filed 16 anything further in this action. The Court thus recommends that Plaintiff’s case be dismissed 17 without prejudice. A dismissal without prejudice allows Plaintiff to refile a case with the Court, 18 under a new case number. 19 20 Accordingly, the undersigned RECOMMENDS that this case be DISMISSED without 21 prejudice. The Clerk of Court is kindly directed to send this recommendation to Plaintiff. 22 23 NOTICE 24 Pursuant to Local Rule IB 3-2 any objection to this Report and Recommendation must be 25 in writing and filed with the Clerk of the Court within (14) days after service of this Notice. The 26 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 file objections within the specified time and (2) failure to properly address and brief the 2 objectionable issues waives the right to appeal the District Court’s order and/or appeal factual 3 issues from the order of the District Court. Martinez v. Ylst,

(9th Cir. 1991); 4 Britt v. Simi Valley United Sch. Dist.,

, 454 (9th Cir. 1983). 5 6 DATED: October 30, 2024 7 DANIEL J. ALBREGTS 8 UNITED STATES MAGISTRATE JUDGE 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27