Mundo v. Griffin

Filing 4

REPORT AND RECOMMENDATION. IT IS RECOMMENDED that Plaintiff Jonathan W. Mundo'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 - MR)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 DISTRICT OF NEVADA 6 7 JONATHAN W. MUNDO, 8 Plaintiff, 9 vs. 10 STEVEN GRIFFIN, 11 Defendant. 12 13 ) ) ) ) ) ) ) ) ) ) 2:16-cv-00130-APG-CWH REPORT AND RECOMMENDATION On May 17, 2017, the court entered an order requiring Plaintiff Jonathan W. Mundo to file an 14 amended application to proceed in forma pauperis or to pay the filing fee in this case. (Order (ECF 15 No. 2).) Plaintiff’s deadline for doing so was June 16, 2017. (Id. at 2.) Plaintiff was advised that 16 failure to comply with the court’s order would result in a recommendation that his case be dismissed. 17 (Id.) Plaintiff has not taken any action in this case since the court’s order dated May 17, 2017, and 18 therefore appears to have abandoned the case. Additionally, the court’s order (ECF No. 2) was 19 returned as undeliverable (see ECF No. 3), and Plaintiff has not filed a notice of change of address as 20 required by Local Rule IA 3-1 and Local Special Rule 2-2, which is an independent grounds for 21 dismissal under the court’s local rules. 22 23 24 IT IS THEREFORE RECOMMENDED that Plaintiff Jonathan W. Mundo’s case be dismissed without prejudice. NOTICE 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 1 file a written objection supported by points and authorities within fourteen days of being served with 2 this report and recommendation. Local Rule IB 3-2(a). Failure to file a timely objection may waive 3 the right to appeal the district court’s order. Martinez v. Ylst, 951 F.2d 1153, 1157 (9th Cir. 1991). 4 5 DATED: June 21, 2017 6 7 8 9 ______________________________________ C.W. Hoffman, Jr. United States Magistrate Judge 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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