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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1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 Leo B. Marchetti, 4 Case No.: 2:16-cv-01792-JAD-CWH Plaintiff 5 v. 6 Nye County School District, 7 Order Adopting Report and Recommendation and Dismissing Action without Prejudice Defendant 8 [ECF No. 3] 9 Plaintiff Leo B. Marchetti was ordered to file an application to proceed in forma pauperis or 10 11 pay the filing fee by May 24, 2017; he failed to do so, despite having been warned that the case 12 would be dismissed if he failed to act.1 Magistrate Judge Hoffman observed that it appears that Mr. 13 Marchetti has abandoned this case, and he recommends that this action be dismissed without 14 prejudice.2 “[N]o review is required of a magistrate judge’s report and recommendation unless 15 objections are filed.”3 The deadline for objections has passed without any filing from plaintiff, 16 which further suggests that plaintiff has, in fact, abandoned this case. Accordingly, and with good 17 cause appearing, It is hereby ORDERED that Magistrate Judge Hoffman’s Report and Recommendation [ECF 18 19 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 20 21 to file a new action in which he either pays the filing fee or submits a completed in forma pauperis 22 application. The Clerk of Court is instructed to CLOSE THIS CASE. DATED June 20, 2017 23 _________________________________ _______________ _ _ _ _ _ U.S. District Judge Jenni Dorsey istrict Judge Jennifer tr tric n 24 25 1 ECF No. 2. 2 ECF No. 3. 26 27 3 28 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).

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