Dunn v. Albertons

Filing 4

REPORT AND RECOMMENDATION that Plaintiff's 3 Complaint be Dismissed; the Clerk of the Court be instructed to close the case and enter judgment accordingly. Objections to R&R due by 11/9/2017. Signed by Magistrate Judge Peggy A. Leen on 10/26/2017. (Copies have been distributed pursuant to the NEF - SLD)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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KEITH ANJOYOUS DUNN,

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v.

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Case No. 2:16-cv-02194-GMN-PAL
Plaintiff,

REPORT OF FINDINGS AND
RECOMMENDATION

ALBERTSONS, et al.,
Defendants.

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This matter is before the court on Plaintiff Keith Anjoyous Dunn’s failure to comply with

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the court’s Order (ECF No. 2). This matter is referred to the undersigned pursuant to 28 U.S.C.

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§ 636(b)(1)(B) and LR IB 1-4 of the Local Rules of Practice.

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Mr. Dunn is proceeding in this action pro se. He submitted an Application to Proceed In

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Forma Pauperis (ECF No. 1) and a complaint (ECF No. 3). The court issued a Screening Order

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(ECF No. 2) granting Dunn permission to proceed in forma pauperis and screening the complaint

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pursuant to 28 U.S.C. § 1915(e). The undersigned found that the complaint failed to state a valid

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claim and allowed him until September 10, 2017, to file an amended complaint if he believed he

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could correct the noted deficiencies. The Screening Order warned Dunn that a failure to file an

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amended complaint addressing the deficiencies explained by the court would result in a

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recommendation to the district judge that this case be dismissed. To date, Mr. Dunn has not filed

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an amended complaint, requested an extension of time, or taken any other action to prosecute this

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case.

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Accordingly,

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IT IS RECOMMENDED that:

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1. Plaintiff Keith Anjoyous Dunn’s Complaint (ECF No. 3) be DISMISSED.

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2. The Clerk of the Court be instructed to close the case and enter judgment accordingly.

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Dated this 26th day of October, 2017.

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PEGGY A. LEEN
UNITED STATES MAGISTRATE JUDGE

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NOTICE

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This Report of Findings and Recommendation is submitted to the assigned district judge

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pursuant to 28 U.S.C. § 636(b)(1) and is not immediately appealable to the Court of Appeals for

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the Ninth Circuit. Any notice of appeal to the Ninth Circuit should not be filed until entry of the

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district court’s judgment. See Fed. R. App. Pro. 4(a)(1). Pursuant to LR IB 3-2(a) of the Local

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Rules of Practice, any party wishing to object to a magistrate judge’s findings and

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recommendations of shall file and serve specific written objections, together with points and

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authorities in support of those objections, within 14 days of the date of service. See also 28 U.S.C.

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§ 636(b)(1); Fed. R. Civ. Pro. 6, 72. The document should be captioned “Objections to Magistrate

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Judge’s Report of Findings and Recommendation,” and it is subject to the page limitations found

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in LR 7-3(b). The parties are advised that failure to file objections within the specified time may

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result in the district court’s acceptance of this Report of Findings and Recommendation without

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further review. United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003). In addition,

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failure to file timely objections to any factual determinations by a magistrate judge may be

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considered a waiver of a party’s right to appellate review of the findings of fact in an order or

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judgment entered pursuant to the recommendation. See Martinez v. Ylst, 951 F.2d 1153, 1156 (9th

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Cir. 1991); Fed. R. Civ. Pro. 72.

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