Colotto, II v. Pandullo et al

Filing 6

REPORT AND RECOMMENDATION that Plaintiff Frankie Colotto's case be dismissed without prejudice.. Objections to R&R due by 7/5/2017. Signed by Magistrate Judge Carl W. Hoffman on 6/21/17. (Copies have been distributed pursuant to the NEF - MMM)

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1 2 3 UNITED STATES DISTRICT COURT 4 DISTRICT OF NEVADA 5 6 7 8 9 10 FRANKIE COLOTTO, II, ) ) Plaintiff, ) ) vs. ) ) DETECTIVE TULLIO PANDULLO et al., ) ) Defendants. ) __________________________________________) Case No. 2:15-cv-01981-GMN-CWH REPORT & RECOMMENDATION 11 12 On May 17, 2017, the court entered an order requiring Plaintiff Frankie Colotto to file an 13 updated application to proceed in forma pauperis or to pay the filing fee in this case. (Order (ECF 14 No. 4).) Plaintiff’s deadline for doing so was June 16, 2017. (Id.) Plaintiff was advised that 15 failure to comply with the order would result in a recommendation that his case be dismissed. (Id.) 16 Plaintiff has not taken any action in this case since the court’s order dated May 17, 2017, and he 17 therefore appears to have abandoned this case. Additionally, the court’s order (ECF No. 4) was 18 returned as undeliverable (see ECF No. 5), and Plaintiff has not filed a notice of change of address 19 as required by Local Rule IA 3-1 and Local Special Rule 2-2, which is an independent grounds for 20 dismissal under the court’s local rules. 21 22 23 IT IS THEREFORE RECOMMENDED that Plaintiff Frankie Colotto’s case be dismissed without prejudice. NOTICE 24 25 This report and recommendation is submitted to the United States district judge assigned to 26 this case under 28 U.S.C. § 636(b)(1). A party who objects to this report and recommendation may 27 file a written objection supported by points and authorities within fourteen days of being served 28 with this report and recommendation. Local Rule IB 3-2(a). Failure to file a timely objection may 1 waive the right to appeal the district court’s order. Martinez v. Ylst, 951 F.2d 1153, 1157 (9th Cir. 2 1991). 3 4 DATED: June 21, 2017 5 6 ______________________________________ C.W. Hoffman, Jr. United States Magistrate Judge 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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