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2 UNITED STATES DISTRICT COURT 3 DISTRICT OF NEVADA 4 * * * 5 Takwan Unique Douglas, Case No. 2:24-cv-02061-JAD-DJA 6 Plaintiff, 7 Report and Recommendation v. 8 Paloma M. Guerrero, 9 Defendant. 10 11 On November 6, 2024, the Court noted that Plaintiff had filed documents with the Court 12 but had failed to pay the filing fee or submit an application to proceed without paying the filing 13 fee. (ECF No. 3). The Court also noted that Plaintiff appeared to have filed his documents in the 14 wrong place. (Id.). The Court thus gave Plaintiff until December 6, 2024, to file a notice of 15 voluntary dismissal or to pay the filing fee or apply to proceed without paying the filing fee. 16 (Id.). The Court informed Plaintiff that if Plaintiff did not file a notice, pay the filing fee, or apply 17 to proceed without paying the filing fee on or before December 6, 2024, the Court would 18 recommend dismissal of the action. (Id.). Plaintiff has missed this deadline and, to date, Plaintiff 19 has not filed anything further on the docket. Accordingly, the Court recommends dismissal of 20 this case without prejudice. A dismissal without prejudice allows Plaintiff to refile a case with 21 the Court, under a new case number. 22 23 Accordingly, the undersigned RECOMMENDS that this case be DISMISSED without 24 prejudice. The Clerk of Court is kindly directed to send this recommendation to Plaintiff. 25 26 NOTICE 27 Pursuant to Local Rule IB 3-2 any objection to this Report and Recommendation must be 1 Supreme Court has held that the courts of appeal may determine that an appeal has been waived 2 due to the failure to file objections within the specified time. Thomas v. Arn,

, 142 3 (1985), reh’g denied,

(1986). The Ninth Circuit has also held that (1) failure to 4 file objections within the specified time and (2) failure to properly address and brief the 5 objectionable issues waives the right to appeal the District Court’s order and/or appeal factual 6 issues from the order of the District Court. Martinez v. Ylst,

(9th Cir. 1991); 7 Britt v. Simi Valley United Sch. Dist.,

, 454 (9th Cir. 1983). 8 9 DATED: January 27, 2025 10 DANIEL J. ALBREGTS 11 UNITED STATES MAGISTRATE JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27