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3 UNITED STATES DISTRICT COURT 4 DISTRICT OF NEVADA 5

6 Christian Moniz Rabino, Case No. 2:25-cv-01996-CDS-NJK 7 Petitioner(s), Report and Recommendation 8 v.

9 Lisa Chamlee Brainard, et al., 10 Defendant(s). 11 Plaintiff initiated this case without paying the required fee or filing an application to 12 proceed in forma pauperis. Docket No. 1. On October 16, 2025, the Court ordered Plaintiff to 13 pay the filing fee or file an application to proceed in forma pauperis by November 3, 2025. Docket 14 No. 3. The Court warned that “[f]ailure to comply with this order may result in dismissal.” Id. 15 at 2. Notwithstanding that warning, Plaintiff did not comply. 16 This case cannot proceed without Plaintiff either paying the filing fee or filing a motion to 17 proceed in forma pauperis. See

(a); see also

(a). Having refused 18 to do either in this case, Plaintiff’s complaint is subject to dismissal. E.g., Desai v. Biden, 2021

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

(E.D. Cal. Jan. 27, 2021). 20 Moreover, Plaintiff’s refusal to comply with the Court’s order is an abusive litigation 21 practice that has interfered with the Court’s ability to hear this case, delayed litigation, disrupted 22 the Court’s timely management of its docket, wasted judicial resources, and threatened the 23 integrity of the Court’s orders and the orderly administration of justice. Sanctions less drastic than 24 dismissal are unavailable because Plaintiff has refused to comply with the order of this Court 25 notwithstanding the warning that case-dispositive sanctions may be imposed. 26 27 28 ] Accordingly, the undersigned RECOMMENDS that this case be DISMISSED without prejudice. 3 Dated: November 12, 2025

Nancy J. Koppe 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

(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