Marchetti v. Nye County School District

Filing 4

ORDER REGARDING REPORT AND RECOMMENDATIONS Accepting 3 Report and Recommendation dismissing case without prejudice. Case terminated. Signed by Judge Jennifer A. Dorsey on 6/20/2017. (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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Case No.: 2:16-cv-01792-JAD-CWH

Plaintiff

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v.

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Nye County School District,

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Order Adopting Report and
Recommendation and Dismissing
Action without Prejudice

Defendant

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[ECF No. 3]

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Plaintiff Leo B. Marchetti was ordered to file an application to proceed in forma pauperis or

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pay the filing fee by May 24, 2017; he failed to do so, despite having been warned that the case

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would be dismissed if he failed to act.1 Magistrate Judge Hoffman observed that it appears that Mr.

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Marchetti has abandoned this case, and he recommends that this action be dismissed without

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prejudice.2 “[N]o review is required of a magistrate judge’s report and recommendation unless

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objections are filed.”3 The deadline for objections has passed without any filing from plaintiff,

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which further suggests that plaintiff has, in fact, abandoned this case. Accordingly, and with good

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cause appearing,
It is hereby ORDERED that Magistrate Judge Hoffman’s Report and Recommendation [ECF

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No. 3] is ACCEPTED and his findings and conclusions are adopted;
It is further ORDERED that this case is DISMISSED without prejudice to plaintiff’s ability

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to file a new action in which he either pays the filing fee or submits a completed in forma pauperis

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application. The Clerk of Court is instructed to CLOSE THIS CASE.
DATED June 20, 2017

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_________________________________
_______________
_ _ _ _ _
U.S. District Judge Jenni Dorsey
istrict Judge Jennifer
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tric
n

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ECF No. 2.

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ECF No. 3.

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3

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Schmidt v. Johnstone, 263 F. Supp. 2d 1219, 1226 (D. Ariz. 2003); see also Thomas v. Arn, 474 U.S.
140, 150 (1985); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003).