Hogg v. Kincaid et al

Filing 2

ORDER. IT IS HEREBY ORDERED that Hogg has until 2/28/17 to pay the filing fee or file an application to proceed in forma pauperis. Failure to comply with this order may result in dismissal of this case. Signed by Magistrate Judge Cam Ferenbach on 2/14/17. (Copies have been distributed pursuant to the NEF - ADR)

Download PDF
UNITED STATES DISTRICT COURT 1 DISTRICT OF NEVADA 2 *** 3 ROSSEVELT M. HOGG, 4 Case No. 2:15–cv–788–GMN–VCF Plaintiff, 5 vs. 6 B. KINCAID; et.al., 7 ORDER Defendants. 8 9 Before the court is Hogg’s complaint (ECF No. 8). 10 11 Under 28 U.S.C. §1914(a), a filing fee is required to commence a civil action in federal court. Alternatively, Hogg may file an application to proceed in forma pauperis under 28 U.S.C. §1915. 12 Here, no filing fee has not been paid and no in forma pauperis petition has been filed. Hogg must 13 pay the full filing fee for each case that he seeks to open or file an application to proceed in forma pauperis. 14 Accordingly, and for good cause shown, 15 IT IS HEREBY ORDERED that Hogg has until February 28, 2017 to pay the filing fee or file an 16 17 18 19 application to proceed in forma pauperis. Failure to comply with this order may result in dismissal of this case. NOTICE 20 Pursuant to Local Rules IB 3-1 and IB 3-2, a party may object to orders and reports and 21 recommendations issued by the magistrate judge. Objections must be in writing and filed with the Clerk 22 of the Court within fourteen days. LR IB 3-1, 3-2. The Supreme Court has held that the courts of appeal 23 24 may determine that an appeal has been waived due to the failure to file objections within the specified time. Thomas v. Arn, 474 U.S. 140, 142 (1985). This circuit has also held that (1) failure to file objections 25 1 within the specified time and (2) failure to properly address and brief the objectionable issues waives the 1 2 right to appeal the District Court's order and/or appeal factual issues from the order of the District Court. 3 Martinez v. Ylst, 951 F.2d 1153, 1157 (9th Cir. 1991); Britt v. Simi Valley United Sch. Dist., 708 F.2d 452, 4 454 (9th Cir. 1983). 5 Pursuant to Local Special Rule 2-2, the Plaintiff must immediately file written notification with 6 the court of any change of address. The notification must include proof of service upon each opposing 7 party of the party’s attorney. Failure to comply with this Rule may result in dismissal of the action. See 8 LSR 2-2. 9 DATED this 14th day of February, 2017. 10 11 _________________________ CAM FERENBACH UNITED STATES MAGISTRATE JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 2

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?