Dunn v. Albertons
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)
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
KEITH ANJOYOUS DUNN,
Case No. 2:16-cv-02194-GMN-PAL
REPORT OF FINDINGS AND
ALBERTSONS, et al.,
This matter is before the court on Plaintiff Keith Anjoyous Dunn’s failure to comply with
the court’s Order (ECF No. 2). This matter is referred to the undersigned pursuant to 28 U.S.C.
§ 636(b)(1)(B) and LR IB 1-4 of the Local Rules of Practice.
Mr. Dunn is proceeding in this action pro se. He submitted an Application to Proceed In
Forma Pauperis (ECF No. 1) and a complaint (ECF No. 3). The court issued a Screening Order
(ECF No. 2) granting Dunn permission to proceed in forma pauperis and screening the complaint
pursuant to 28 U.S.C. § 1915(e). The undersigned found that the complaint failed to state a valid
claim and allowed him until September 10, 2017, to file an amended complaint if he believed he
could correct the noted deficiencies. The Screening Order warned Dunn that a failure to file an
amended complaint addressing the deficiencies explained by the court would result in a
recommendation to the district judge that this case be dismissed. To date, Mr. Dunn has not filed
an amended complaint, requested an extension of time, or taken any other action to prosecute this
IT IS RECOMMENDED that:
1. Plaintiff Keith Anjoyous Dunn’s Complaint (ECF No. 3) be DISMISSED.
2. The Clerk of the Court be instructed to close the case and enter judgment accordingly.
Dated this 26th day of October, 2017.
PEGGY A. LEEN
UNITED STATES MAGISTRATE JUDGE
This Report of Findings and Recommendation is submitted to the assigned district judge
pursuant to 28 U.S.C. § 636(b)(1) and is not immediately appealable to the Court of Appeals for
the Ninth Circuit. Any notice of appeal to the Ninth Circuit should not be filed until entry of the
district court’s judgment. See Fed. R. App. Pro. 4(a)(1). Pursuant to LR IB 3-2(a) of the Local
Rules of Practice, any party wishing to object to a magistrate judge’s findings and
recommendations of shall file and serve specific written objections, together with points and
authorities in support of those objections, within 14 days of the date of service. See also 28 U.S.C.
§ 636(b)(1); Fed. R. Civ. Pro. 6, 72. The document should be captioned “Objections to Magistrate
Judge’s Report of Findings and Recommendation,” and it is subject to the page limitations found
in LR 7-3(b). The parties are advised that failure to file objections within the specified time may
result in the district court’s acceptance of this Report of Findings and Recommendation without
further review. United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003). In addition,
failure to file timely objections to any factual determinations by a magistrate judge may be
considered a waiver of a party’s right to appellate review of the findings of fact in an order or
judgment entered pursuant to the recommendation. See Martinez v. Ylst, 951 F.2d 1153, 1156 (9th
Cir. 1991); Fed. R. Civ. Pro. 72.
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