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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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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LEO B. MARCHETTI,

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Plaintiff,
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vs.
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NYE COUNTY SCHOOL DISTRICT,
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Defendant .
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__________________________________________)

Case No. 2:16-cv-01792-JAD-CWH
REPORT & RECOMMENDATION

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On April 25, 2017, the court entered an order requiring Plaintiff Leo B. Marchetti to file an

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application to proceed in forma pauperis or to pay the filing fee in this case. (Order (ECF No. 2).)

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Plaintiff’s deadline for doing so was May 24, 2017. (Id.) Plaintiff was advised that failure to

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comply with the order would result in a recommendation that his case be dismissed. (Id.) Plaintiff

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has not taken any action in this case since the court’s order dated April 25, 2017, and therefore he

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appears to have abandoned this case.

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IT IS THEREFORE RECOMMENDED that Plaintiff Leo B. Marchetti’s case be dismissed
without prejudice.

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NOTICE

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This report and recommendation is submitted to the United States district judge assigned to

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this case under 28 U.S.C. § 636(b)(1). A party who objects to this report and recommendation may

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file a written objection supported by points and authorities within fourteen days of being served

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with this report and recommendation. Local Rule IB 3-2(a). Failure to file a timely objection may

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waive the right to appeal the district court’s order. Martinez v. Ylst, 951 F.2d 1153, 1157 (9th Cir.

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1991).

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DATED: May 30, 2017

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______________________________________
C.W. Hoffman, Jr.
United States Magistrate Judge