Jones v. Marquins

Filing 9

ORDER Accepting and Adopting Magistrate Judge Foley's 6 Report and Recommendation. Because the Court cannot conclusively determine that Plaintiff received notice of Judge Foley's Report and Recommendation the Court will dismiss this case without prejudice. Plaintiff's Complaint is Dismissed.The Clerk of the Court shall enter judgment accordingly. Signed by Chief Judge Gloria M. Navarro on 8/19/2014. (Copies have been distributed pursuant to the NEF - SLD)

Download PDF
1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 4 James P. Jones, 5 Plaintiff, 6 7 vs. Marimar Marquins, 8 Defendant. 9 10 ) ) ) ) ) ) ) ) ) Case No.: 2:14-cv-00779-GMN-GWF ORDER ACCEPTING REPORT & RECOMMENDATION OF MAGISTRATE JUDGE GEORGE FOLEY, JR. Before the Court for consideration is the Report and Recommendation (ECF No. 6) of the 11 Honorable George Foley, Jr., United States Magistrate Judge, entered July 25, 2014. Prior to 12 entering his Report and Recommendation, Judge Foley ordered Plaintiff to file an amended 13 application to proceed in forma pauperis within thirty (30) days of July 16, 2014. (ECF No. 3.) 14 In that Order, Judge Foley cautioned Plaintiff that failing to file the amended application could 15 warrant in dismissal of the action. (Id.) Because Plaintiff failed to file the required amended 16 application, Judge Foley now recommends that the Court dismiss Plaintiff’s action with 17 prejudice. (Report & Recommendation 1:24–2:5, ECF No. 6.) Although the Court mailed Judge 18 Foley’s Report and Recommendation to Plaintiff’s most current address on file, the mailing was 19 returned as undeliverable on July 28, 2014. (ECF No. 7.) The Court then re-mailed the document 20 to Plaintiff’s address at the Clark County Detention Center. (Id.) 21 Pursuant to Local Rule IB 3-2(a), objections were due by August 11, 2014. No objections 22 have been filed. In accordance with 28 U.S.C. § 636(b)(1) and Local Rule IB 1-4, the Court has 23 reviewed the record in this case and has determined that Magistrate Judge Foley’s 24 Recommendation should be ACCEPTED and ADOPTED to the extent that it is not 25 inconsistent with this Order. Because the Court cannot conclusively determine that Plaintiff 1 received notice of Judge Foley’s Report and Recommendation, the Court will dismiss this case 2 without prejudice. 3 IT IS THEREFORE ORDERED that Plaintiffs’ Complaint is DISMISSED. 4 The Clerk of the Court shall enter judgment accordingly. 5 19 DATED this _____ day of August, 2014. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 _______________________________ Gloria M. Navarro, Chief Judge United States District Court

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?