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)

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