McClung v. Aztec Inn Casino Ltd
REPORT AND RECOMMENDATION that Plaintiff Shawn W. McClung's case be dismissed without prejudice. Objections to R&R due by 7/5/2017. Signed by Magistrate Judge Carl W. Hoffman on 6/21/2017. (Copies have been distributed pursuant to the NEF - JM)
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
SHAWN W. MCCLUNG,
AZTEC INN CASINO, LTD.,
Case No. 2:16-cv-00382-JAD-CWH
REPORT AND RECOMMENDATION
This matter is before the court on Plaintiff Shawn W. McClung’s failure to comply with the
court’s order (ECF No. 4).
On May 17, 2017, the court denied Plaintiff’s application to proceed in forma pauperis and
required Plaintiff to pay the $400.00 filing fee by June 16, 2017. (Order (ECF No. 4) at 2.) Plaintiff
was advised that failure to pay the filing fee would result in a recommendation that his case be
dismissed without prejudice. (Id.) To date, Plaintiff has not paid the filing fee.
IT IS THEREFORE RECOMMENDED that Plaintiff Shawn W. McClung’s case be
dismissed without prejudice.
This report and recommendation is submitted to the United States district judge assigned to
this case under 28 U.S.C. § 636(b)(1). A party who objects to this report and recommendation may
file a written objection supported by points and authorities within fourteen days of being served with
this report and recommendation. Local Rule IB 3-2(a). Failure to file a timely objection may waive
the right to appeal the district court’s order. Martinez v. Ylst, 951 F.2d 1153, 1157 (9th Cir. 1991).
DATED: June 21, 2017
C.W. Hoffman, Jr.
United States Magistrate Judge
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