Williamson v. United States of America et al

Filing 6

REPORT AND RECOMMENDATION that Plaintiff's case be dismissed without prejudice. Objections to R&R due by 10/30/2017. Signed by Magistrate Judge Carl W. Hoffman on 10/16/2017. (Copies have been distributed pursuant to the NEF - SLD)

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1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 4 5 6 7 8 9 JEFF H. WILLIAMSON, ) ) Plaintiff, ) ) v. ) ) UNITED STATES OF AMERICA, et al., ) ) Defendant. ) ) _______________________________________ ) Case No. 2:16-cv-02489-APG-CWH REPORT & RECOMMENDATION On October 24, 2016, pro se Plaintiff Jeff H. Williamson submitted a motion to proceed in 10 11 forma pauperis (ECF No. 1) and a complaint (ECF No. 1-1). On September 7, 2017, this Court 12 denied Plaintiff’s motion without prejudice (ECF No. 4), and gave Plaintiff a deadline of thirty days 13 to either pay the filing fee or file a renewed application to proceed in forma pauperis. 14 Pursuant to 28 U.S.C. § 1914(a), a filing fee of $350.00 is required to commence a civil 15 action in federal district court. The court may authorize the commencement of an action “without 16 prepayment of fees and costs or security therefor, by a person who submits an affidavit that includes 17 a statement of all assets” and that he is “unable to pay such fees or give security therefore.” 18 28 U.S.C. § 1915(a). Plaintiff was notified that failure to comply with the Court’s Order to pay the 19 filing fee or submit a renewed application to proceed in forma pauperis would result in the Court 20 recommending dismissal of the action. 21 More than thirty days have elapsed since the Court’s Order and Plaintiff has not submitted 22 either a filing fee or a renewed application to proceed in forma pauperis. 23 // 24 // 25 // 26 // 27 // 28 1 1 2 RECOMMENDATION IT IS HEREBY RECOMMENDED that Plaintiff’s case be dismissed without prejudice. 3 NOTICE 4 Pursuant to Local Rule IB 3-2, any objection to this Finding and Recommendation must be in 5 writing and filed with the Clerk of the Court within fourteen (14) days. The Supreme Court has held 6 that the courts of appeal may determine that an appeal has been waived due to the failure to file 7 objections within the specified time. Thomas v. Arn, 474 U.S. 140, 142 (1985). This circuit has also 8 held that (1) failure to file objections within the specified time and (2) failure to properly address and 9 brief the objectionable issues waives the right to appeal the District Court’s order and/or appeal 10 factual issues from the order of the District Court. Martinez v. Ylst, 951 F.2d 1153, 1157 (9th Cir. 11 1991); Britt v. Simi Valley United Sch. Dist., 708 F.2d 452, 454 (9th Cir. 1983). 12 DATED: October 16, 2017 13 14 _________________________________ C.W. Hoffman, Jr. United States Magistrate Judge 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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