Brown v. U.S. Government

Filing 8

ORDER REGARDING REPORT AND RECOMMENDATIONS Affirming 6 Report and Recommendation, Denying 1 MOTION/APPLICATION for Leave to Proceed in forma pauperis filed by Kirsha Brown. IT IS FURTHER ORDERED that Plaintiff Browns Proposed Complaint 1 is DENIED with prejudice. Signed by Judge Philip M. Pro on 10/19/2010. (Copies have been distributed pursuant to the NEF - SD)

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UNITED STATES DISTRICT COURT DISTRICT OF NEVADA -oOoKIRSHA BROWN, Plaintiff, vs. UNITED STATES OF AMERICA, Defendant. ) ) ) ) ) ) ) ) ) ) ) 2 :10-CV-01407-PMP-RJJ ORDER

Before the Court for consideration is Plaintiff Kirsha Brown's Motion/Application to Proceed In Forma Pauperis and Proposed Civil Rights Complaint (Doc. #1 ). On October 4, 2010, the Honorable Robert J. Johnston, United States Magistrate Judge, entered a Report and Recommendation (Doc. #6) recommending that Plaintiff Brown's Motion/Application to Proceed In Forma Pauperis and Proposed Civil Rights Complaint (Doc. #1) should be denied. Plaintiff Brown was given notice via certified mail receipt of an Order entered by Magistrate Judge Johnston (Doc. #2) requiring Plaintiff Brown to appear for a status hearing on September 29, 2010, at 2:00 PM. On September 17, 2010, the Order (Doc. #2) was returned to the Court marked: "Return to Sender Attempted Not Known Unable to Forward." On September 29, 2010, Plaintiff Brown did not appear for the hearing and the Order (Doc. #2) advised Plaintiff that failure to appear would result in a recommendation that this case be dismissed.

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The Court has conducted a de novo review of the record in this case in accordance with 28 U.S.C.§ 636(b)(1) and Local Rule IB 1-4 and determines that Magistrate Judge Johnston's Report and Recommendation should be Affirmed. IT IS THEREFORE ORDERED that Magistrate Judge Johnson's Report and Recommendation (Doc. #6) are Affirmed and Plaintiff Kirsha Brown's Motion/Application to Proceed In Forma Pauperis (Doc. #1) is DENIED. IT IS FURTHER ORDERED that Plaintiff Brown's Proposed Complaint (Doc. #1) is DENIED with prejudice. DATED: October 19, 2010.

PHILIP M. PRO United States District Judge

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