Hicklen v. US Government Law Enforcement Agents
Filing
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REPORT AND RECOMMENDATION that: (1) This action be DISMISSED without prejudice to Plaintiff Jamal Brian Hicklen's ability to commence a new action in which he submits a complaint and either pays the appropriate filing fee in full or submits a completed application to proceed in forma pauperis; (2) The Clerk of the Court be instructed to close this case and enter judgment accordingly. Objections to R&R due by 9/15/2017. Signed by Magistrate Judge Peggy A. Leen on 9/1/17. (Copies have been distributed pursuant to the NEF - MMM)
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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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JAMAL BRIAN HICKLEN,
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Case No. 2:16-cv-02346-GMN-PAL
Plaintiff,
v.
REPORT OF FINDINGS AND
RECOMMENDATION
US GOVERNMENT LAW ENFORCEMENT
AGENTS,
Defendants.
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This matter is before the court on Plaintiff Jamal Brian Hicklen’s failure to comply with
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the court’s Order (ECF No. 3). This proceeding is referred to the undersigned pursuant to 28
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U.S.C. § 636(b)(1)(B) and LR IB 1-4 of the Local Rules of Practice.
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Mr. Hicklen submitted initiating documents (ECF No. 1) that appeared to seek some form
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of relief from this court for monetary damages against the Las Vegas Metropolitan Police
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Department. However, his initiating documents did not include a proposed complaint, and he did
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not submit an application to proceed in forma pauperis (“IFP”) or remit the $400 filing fee. On
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July 13, 2017, the court entered an Order (ECF No. 3) directing the Clerk of the Court to mail
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Hicklen a blank IFP application and form complaint. The court allowed him to file an IFP
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application or pay the $400 filing fee on or before August 11, 2017. Id. Mr. Hicklen was further
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ordered to submit a proposed complaint by the same date. The Order warned him that (1) a failure
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to file an IFP application or pay the filing fee, or (2) a failure to file a complaint would result in a
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recommendation to the district judge that this case be dismissed.
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To date, Hicklen has not filed an IFP application or complaint, paid the filing fee, requested
an extension of time, or taken any other action to prosecute this case.
Accordingly,
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IT IS RECOMMENDED that:
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1. This action be DISMISSED without prejudice to Plaintiff Jamal Brian Hicklen’s ability
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to commence a new action in which he submits a complaint and either pays the
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appropriate filing fee in full or submits a completed application to proceed in forma
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pauperis.
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2. The Clerk of the Court be instructed to close this case and enter judgment accordingly.
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Dated this 1st day of September, 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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