Nelson v. United States of America et al

Filing 3

REPORT AND RECOMMENDATION that Plaintiff Orlando Nelson's case be dismissedwithout prejudice. Objections to Report and Recommendation due 11/27/2015. Signed by Magistrate Judge Carl W. Hoffman on 11/09/2015. (Copies have been distributed pursuant to the NEF - NEV)

1
2
3
UNITED STATES DISTRICT COURT
4
DISTRICT OF NEVADA
5
6
ORLANDO NELSON, et al.,

7
8
9
10
11
12

)
)
Plaintiffs,
)
)
vs.
)
)
UNITED STATES OF AMERICA, et al.,
)
)
Defendants.
)
__________________________________________)

Case No. 2:15-cv-00724-RCJ-CWH
REPORT & RECOMMENDATION

On April 20, 2015, the court received a letter (ECF No. 1) from Plaintiff Orlando Nelson in

13

which Plaintiff requested the Court’s assistance regarding violations of Plaintiff’s constitutional

14

rights. However, Plaintiff did not file a complaint or pay a filing fee. On September 23, 2015, the

15

court entered an order (ECF No. 2) requiring Plaintiff to file a complaint, along with the applicable

16

filing fee or an application to proceed in forma pauperis, within 30 days of the date of the court’s

17

order. The court advised Plaintiff that absent a complaint, the court lacked jurisdiction to act on

18

any of Plaintiff’s requests. (Id. at 1.) The court further advised Plaintiff that failure to comply with

19

the court’s order would result in a recommendation that his case be dismissed. (Id. at 2.) To date,

20

Plaintiff has not filed a complaint or submitted a filing fee or an application to proceed in forma

21

pauperis. Given Plaintiffs’ failure to take these steps, the undersigned will recommend that

22

Plaintiff’s case be dismissed, without prejudice.

23
24
25
26

RECOMMENDATION
IT IS THEREFORE RECOMMENDED that Plaintiff Orlando Nelson’s case be dismissed,
without prejudice.
NOTICE

27

This Report and Recommendation is submitted to the United States District Judge assigned

28

to this case under 28 U.S.C. § 636(b)(1). A party who objects to this Report and Recommendation

1

may file a written objection supported by points and authorities within fourteen days of being

2

served with this Report and Recommendation. Local Rule IB 3-2(a). Failure to file a timely

3

objection may waive the right to appeal the District Court’s Order. Martinez v. Ylst, 951 F.2d

4

1153, 1157 (9th Cir. 1991).

5
DATED: November 9, 2015
6
7
8

______________________________________
C.W. Hoffman, Jr.
United States Magistrate Judge

9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2