Love v. State of Nevada

Filing 12

REPORT AND RECOMMENDATION Recommending 1 Complaint be dismissed with prejudice. Objections to R&R due by 7/25/2017. Signed by Magistrate Judge Carl W. Hoffman on 7/12/17. (Copies have been distributed pursuant to the NEF - JM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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WILSON EARL LOVE,

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Plaintiff,
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v.
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STATE OF NEVADA,
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Defendant.
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_______________________________________ )

Case No. 2:17-cv-01317-RFB-CWH

REPORT & RECOMMENDATION

Plaintiff submitted an Application to Proceed in Forma Pauperis (ECF No. 1) and a

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Complaint on May 9, 2017. On May 15, 2017, this Court denied (ECF No. 5) Plaintiff’s application,

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and gave Plaintiff a deadline to either pay the filing fee or file a renewed application to proceed in

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forma pauperis. On June 9, 2017, the Court ordered (ECF No. 7) an extension to Plaintiff’s deadline

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until July 8, 2017.

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Pursuant to 28 U.S.C. § 1914(a), a filing fee of $350.00 is required to commence a civil

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action in federal district court. The court may authorize the commencement of an action “without

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prepayment of fees and costs or security therefor, by a person who makes affidavit that he is unable

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to pay such costs or give security therefore.” 28 U.S.C. § 1915(a). Plaintiff was notified that failure

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to comply with the Court’s Order to pay the filing fee or submit a renewed application to proceed in

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forma pauperis would result in the Court recommending dismissal of the action.

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More than thirty days have elapsed since the Court’s Order and Plaintiff has not submitted

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the filing fee or a renewed application.

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RECOMMENDATION

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IT IS THEREFORE RECOMMENDED that Plaintiff’s Complaint (ECF No. 1) be

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dismissed with prejudice because Plaintiff failed to pay the filing fee within 30 days of the Court’s

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Order.

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IT IS FURTHER RECOMMENDED that Plaintiff’s pending motion to join (ECF No. 9) be
denied as moot.

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NOTICE

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This report and recommendation is submitted to the United States district judge assigned to

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this case under 28 U.S.C. § 636(b)(1). A party who objects to this report and recommendation may

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file a written objection supported by points and authorities within fourteen days of being served with

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this report and recommendation. Local Rule IB 3-2(a). Failure to file a timely objection may waive

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the right to appeal the district court’s order. Martinez v. Ylst, 951 F.2d 1153, 1157 (9th Cir. 1991).

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DATED: July 11, 2017

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C.W. Hoffman, Jr.
United States Magistrate Judge

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