Marchetti v. Nye County School District

Filing 3

REPORT AND RECOMMENDATION Recommending to dismiss case without prejudice 1 Receipt of Initiating Documents. Objections to R&R due by 6/13/2017. Signed by Magistrate Judge Carl W. Hoffman on 5/30/2017. (Copies have been distributed pursuant to the NEF - JM)

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1 2 UNITED STATES DISTRICT COURT 3 DISTRICT OF NEVADA 4 5 6 7 8 9 LEO B. MARCHETTI, ) ) Plaintiff, ) ) vs. ) ) NYE COUNTY SCHOOL DISTRICT, ) ) Defendant . ) __________________________________________) Case No. 2:16-cv-01792-JAD-CWH REPORT & RECOMMENDATION 10 11 On April 25, 2017, the court entered an order requiring Plaintiff Leo B. Marchetti to file an 12 application to proceed in forma pauperis or to pay the filing fee in this case. (Order (ECF No. 2).) 13 Plaintiff’s deadline for doing so was May 24, 2017. (Id.) Plaintiff was advised that failure to 14 comply with the order would result in a recommendation that his case be dismissed. (Id.) Plaintiff 15 has not taken any action in this case since the court’s order dated April 25, 2017, and therefore he 16 appears to have abandoned this case. 17 18 IT IS THEREFORE RECOMMENDED that Plaintiff Leo B. Marchetti’s case be dismissed without prejudice. 19 NOTICE 20 This report and recommendation is submitted to the United States district judge assigned to 21 this case under 28 U.S.C. § 636(b)(1). A party who objects to this report and recommendation may 22 file a written objection supported by points and authorities within fourteen days of being served 23 with this report and recommendation. Local Rule IB 3-2(a). Failure to file a timely objection may 24 waive the right to appeal the district court’s order. Martinez v. Ylst, 951 F.2d 1153, 1157 (9th Cir. 25 1991). 26 DATED: May 30, 2017 27 28 ______________________________________ C.W. Hoffman, Jr. United States Magistrate Judge

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