Iske v. State of Nevada
Iske v. State of Nevada
Trial Court Opinion
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3 UNITED STATES DISTRICT COURT 4 DISTRICT OF NEVADA 5
6 HARLAN ISKE, Case No. 2:24-cv-01587-JAD-NJK 7 Plaintiff(s), REPORT AND RECOMMENDATION 8 v.
9 STATE OF NEVADA, et al., 10 Defendant(s). 11 Plaintiff is a prisoner with three strikes, who was ordered to pay the full filing fee in this 12 case. Docket Nos. 9, 10. On March 13, 2025, the Court ordered Plaintiff to make that payment 13 by April 11, 2025. Docket No. 11. Plaintiff was expressly warned that “FAILURE TO 14 COMPLY WITH THIS ORDER MAY RESULT IN DISMISSAL OF THE CASE.” Id. at 1 15 (emphasis in original). Plaintiff failed to make that payment or to seek an extension of the pertinent 16 deadline.1 17 As Plaintiff’s application to proceed in forma pauperis was denied, this case cannot 18 proceed without Plaintiff paying the filing fee. See
28 U.S.C. § 1914(a). Failure to do so subjects 19 the case to dismissal. See, e.g., Desai v. Biden,
2021 WL 38169, at *1 (E.D. Cal. Jan. 5, 2021), 20 adopted,
2021 WL 276236(E.D. Cal. Jan. 27, 2021). 21 Moreover, Plaintiff’s refusal to comply with the Court’s order is an abusive litigation 22 practice that has interfered with the Court’s ability to hear this case, delayed litigation, disrupted 23 the Court’s timely management of its docket, wasted judicial resources, and threatened the 24 integrity of the Court’s orders and the orderly administration of justice. Sanctions less drastic than 25 dismissal are unavailable because Plaintiff has refused to comply with the Court’s order 26 notwithstanding the indication that case-dispositive sanctions may be imposed. 27 1 One of the preceding orders was returned as undeliverable. Docket No. 12. Plaintiff’s 28 apparent failure to update his address would also be grounds for dismissal. See, e.g., Local Rule IA 3-1. ] Accordingly, the undersigned RECOMMENDS that this case be DISMISSED without prejudice. 3 Dated: April 18, 2025
Nancy J. Koppé; 5 United States Magistrate Judge 6 7 NOTICE 8 This report and recommendation is submitted to the United States District Judge assigned to this case pursuant to
28 U.S.C. § 636(b)(1). A party who objects to this report and 10] recommendation must file a written objection supported by points and authorities within fourteen 11] days of being served with this report and recommendation. Local Rule IB 3-2(a). Failure to file 12] a timely objection may waive the right to appeal the district court’s order. Martinez v. YIst, 951 13] F.2d 1153, 1157 (9th Cir. 1991). 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
Reference
- Status
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