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2 UNITED STATES DISTRICT COURT 3 DISTRICT OF NEVADA 4 * * * 5 Robert W. Johnson, Case No. 2:24-cv-01728-JAD-DJA 6 Plaintiff, 7 Report and Recommendation v. 8 Officer Ponticello, 9 Defendant. 10 11 On September 20, 2024, the Court denied Plaintiff’s application to proceed in forma 12 pauperis and directed him to file a new one or pay the filing fee on or before October 21, 2024. 13 (ECF No. 3). In doing so, the Court explained that “[f]ailure to comply with this order may result 14 in a recommendation to the district judge that this case be dismissed.” (Id.). Plaintiff has missed 15 this deadline. So, the Court recommends that Plaintiff’s case be dismissed without prejudice. A 16 dismissal without prejudice allows Plaintiff to refile a case with the Court, under a new case 17 number. 18 19 Accordingly, the undersigned RECOMMENDS that this case be DISMISSED without 20 prejudice. The Clerk of Court is kindly directed to send this recommendation to Plaintiff. 21 22 NOTICE 23 Pursuant to Local Rule IB 3-2 any objection to this Report and Recommendation must be 24 in writing and filed with the Clerk of the Court within (14) days after service of this Notice. The 25 Supreme Court has held that the courts of appeal may determine that an appeal has been waived 26 due to the failure to file objections within the specified time. Thomas v. Arn,

, 142 27 (1985), reh’g denied,

(1986). The Ninth Circuit has also held that (1) failure to 1 objectionable issues waives the right to appeal the District Court’s order and/or appeal factual 2 issues from the order of the District Court. Martinez v. Ylst,

(9th Cir. 1991); 3 Britt v. Simi Valley United Sch. Dist.,

, 454 (9th Cir. 1983). 4 5 DATED: November 4, 2024 6 DANIEL J. ALBREGTS 7 UNITED STATES MAGISTRATE JUDGE 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27