Kiles v. Machnich et al

Filing 4

REPORT AND RECOMMENDATION that 1 Motion/Application for Leave to Proceed in forma pauperis be dismissed without prejudice for failure to pay the filing fee within 30 days of the Court's Order. Objections to R&R due by 8/10/2017. Signed by Magistrate Judge Carl W. Hoffman on 7/26/17. (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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DEON M. KILES,

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Plaintiff,
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v.
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TEGAN MACHNICH, et al,
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Defendants.
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_______________________________________ )

Case No. 2:17-cv-01695-JCM-CWH

REPORT & RECOMMENDATION

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

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Complaint on June 16, 2017. On June 23, 2017, this Court denied (ECF No. 3) Plaintiff’s

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Application, and gave Plaintiff a deadline of thirty days to either pay the filing fee or file a renewed

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application to proceed in forma pauperis.

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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
IT IS HEREBY RECOMMENDED that Plaintiff’s Application for Leave to Proceed in

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Forma Pauperis (ECF No. 1) be dismissed without prejudice for failure to pay the filing fee within

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30 days of the Court’s Order.

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NOTICE

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Pursuant to Local Rule IB 3-2, any objection to this Finding and Recommendation must be in

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writing and filed with the Clerk of the Court within fourteen (14) days. The Supreme Court has held

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that the courts of appeal may determine that an appeal has been waived due to the failure to file

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objections within the specified time. Thomas v. Arn, 474 U.S. 140, 142 (1985). This circuit has also

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held that (1) failure to file objections within the specified time and (2) failure to properly address and

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brief the objectionable issues waives the right to appeal the District Court’s order and/or appeal

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factual issues from the order of the District Court. Martinez v. Ylst, 951 F.2d 1153, 1157 (9th Cir.

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1991); Britt v. Simi Valley United Sch. Dist., 708 F.2d 452, 454 (9th Cir. 1983).

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DATED: July 26, 2017

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

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