McClung v. Aztec Inn Casino Ltd

Filing 6

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)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 DISTRICT OF NEVADA 6 7 8 9 10 11 12 13 14 SHAWN W. MCCLUNG, ) ) Plaintiff, ) ) v. ) ) AZTEC INN CASINO, LTD., ) ) Defendant. ) ) _______________________________________ ) 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 15 required Plaintiff to pay the $400.00 filing fee by June 16, 2017. (Order (ECF No. 4) at 2.) Plaintiff 16 was advised that failure to pay the filing fee would result in a recommendation that his case be 17 dismissed without prejudice. (Id.) To date, Plaintiff has not paid the filing fee. 18 19 IT IS THEREFORE RECOMMENDED that Plaintiff Shawn W. McClung’s case be dismissed without prejudice. 20 NOTICE 21 This report and recommendation is submitted to the United States district judge assigned to 22 this case under 28 U.S.C. § 636(b)(1). A party who objects to this report and recommendation may 23 file a written objection supported by points and authorities within fourteen days of being served with 24 this report and recommendation. Local Rule IB 3-2(a). Failure to file a timely objection may waive 25 the right to appeal the district court’s order. Martinez v. Ylst, 951 F.2d 1153, 1157 (9th Cir. 1991). 26 DATED: June 21, 2017 27 28 _________________________________ C.W. Hoffman, Jr. United States Magistrate Judge

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