Salaverria v. Nevada Department of Justice

District Court, D. Nevada

Salaverria v. Nevada Department of Justice

Trial Court Opinion

1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 ALEX ALFONSO SALAVERRIA, 4 Case No. 2:24-cv-00353-JAD-NJK Plaintiff 5 v. 6 Order Adopting Report and NEVADA STATE DEPARTMENT OF Recommendation; Dismissing 7 JUSTICE, et al., and Closing Case 8 Defendants 9 On April 18, 2024, the magistrate judge entered the following report and 10 recommendation [ECF No. 4]: 11 On February 16, 2024, Plaintiff filed an application to proceed in forma pauperis. Docket 12 No. 1. On February 21, 2024, the Court denied that application as incomplete. Docket No. 3. The 13 Court ordered Plaintiff to either file a fully complete application to proceed in forma pauperis or 14 pay the filing fee. Id. at 2. The deadline to comply was set for March 21, 2024, and the Court 15 warned that failing to comply will subject the case to dismissal without prejudice. Id. 16 Notwithstanding that warning, Plaintiff has not filed a renewed application to proceed in forma 17 pauperis, has not paid the filing fee, and has not sought an extension of the compliance deadline. 18 This case cannot proceed without Plaintiff either paying the filing fee or filing an 19 application to proceed in forma pauperis. See

28 U.S.C. § 1914

(a); see also

28 U.S.C. § 1915

(a). 20 Having refused to do either in this case, Plaintiff’s complaint is subject to dismissal. E.g., Desai 21 v. Biden,

2021 WL 38169

, at *1 (E.D. Cal. Jan. 5, 2021), adopted,

2021 WL 276236

(E.D. Cal. 22 Jan. 27, 2021). 23 Moreover, Plaintiff’s refusal to comply with the Court’s order is an abusive litigation 24 practice that has interfered with the Court’s ability to hear this case, delayed litigation, disrupted 25 the Court’s timely management of its docket, wasted judicial resources, and threatened the 26 integrity of the Court’s orders and the orderly administration of justice. Sanctions less drastic than 27 dismissal are unavailable because Plaintiff has refused to comply with the order of this Court 28 notwithstanding the warning that case-dispositive sanctions may be imposed. ] Accordingly, the undersigned RECOMMENDS that this case be DISMISSED without prejudice. 3 4 5 ORDER ADOPTING REPORT AND RECOMMENDATION 6 The deadline for any party to object to this recommendation was May 2, 2024, and no 7| party filed anything or asked to extend the deadline to do so. “[N]o review is required of a 8|| magistrate judge’s report and recommendation unless objections are filed.” United States v. 9| Reyna-Tapia,

328 F.3d 1114, 1121

(9th Cir. 2003). Having reviewed the report and 10] recommendation, I find good cause to adopt it, and Ido. IT IS THEREFORE ORDERED that 11] the Magistrate Judge’s Report and Recommendation [ECF No. 4] is ADOPTED in its entirety. 12| This case is DISMISSED without prejudice, and the Clerk of Court is directed to CLOSE 13] THIS CASE. 14 Dated: May 6, 2024 Cine 6 USS. District Juuge 17 18 19 20 21 22 23 24 25 26 27 28

Reference

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