Albanese v. Homeland Security

Filing 3

ORDER that 1 Motion/Application for Leave to Proceed in forma pauperis is DENIED without prejudice. Signed by Magistrate Judge Cam Ferenbach on 7/17/17. (Copies have been distributed pursuant to the NEF - MMM)

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UNITED STATES DISTRICT COURT 1 DISTRICT OF NEVADA 2 3 *** GRACE ALBANESE, Case No. 2:17-cv-01871-JAD-VCF Plaintiff, 4 ORDER vs. 5 6 Defendant. 7 8 GRACE ALBANESE, 11 Case No. 2:17-cv-01872-RFB-VCF Plaintiff, 9 10 APPLICATION TO PROCEED IN FORMA PAUPERIS (ECF NO. 1) AND COMPLAINT (ECF NO. 1-1) FEDERAL BUREAU OF INVESTIGATIONS, ORDER vs. APPLICATION TO PROCEED IN FORMA PAUPERIS (ECF NO. 1) AND COMPLAINT (ECF NO. 1-1) LAS VEGAS METROPOLITAN POLICE DEPARTMENT, 12 Defendant. 13 GRACE ALBANESE, Case No. 2:17-cv-01874-RFB-VCF 14 Plaintiff, 15 16 ORDER vs. HOMELAND SECURITY, 17 APPLICATION TO PROCEED IN FORMA PAUPERIS (ECF NO. 1) AND COMPLAINT (ECF NO. 1-1) Defendant. 18 GRACE ALBANESE, 19 Case No. 2:17-cv-01896-JCM-VCF Plaintiff, 20 21 ORDER vs. LAS VEGAS METROPOLITAN POLICE DEPARTMENT, APPLICATION TO PROCEED IN FORMA PAUPERIS (ECF NO. 1) AND COMPLAINT (ECF NO. 1-1) 22 23 24 25 Defendant. Before the Court are Plaintiff Grace Albanese’s applications to proceed in forma pauperis and complaints in the above captioned actions. On June 29, 2017, the Court issued a report and 1 recommendation recommending that Albanese be deemed a vexatious litigant and be prohibited from 1 2 filing any complaint, petition, or other document without first obtaining leave from the Chief Judge in 3 accordance with procedures outlined in the report and recommendation. See Grace Albanese v. Federal 4 Bureau of Investigations, case no. 2:17-cv-01599-JAD-VCF, ECF No. 5 (June 29, 2017). That report and 5 recommendation is currently pending before United States District Court Judge Jennifer A. Dorsey. 6 Accordingly, Albanese’s applications to proceed in forma pauperis and complaints are denied without 7 prejudice pending a ruling from Judge Dorsey on the report and recommendation. 8 ACCORDINGLY, and for good cause shown, 9 IT IS ORDERED that Plaintiff Grace Albanese’s applications to proceed in forma pauperis are 10 DENIED WITHOUT PREJUDICE. If Judge Dorsey adopts the undersigned’s report and 11 recommendation, Plaintiff Grace Albanese will be required to first seek leave of the Chief Judge of this 12 Court before she intends to file any papers with the Court. 13 14 15 16 /// /// /// 17 18 19 20 21 22 23 24 25 2 NOTICE 1 2 Under Local Rule IB 3-1, any objection to this Order must be in writing and filed with the Clerk 3 of the Court within 14 days. The Supreme Court has held that the courts of appeal may determine that an 4 appeal has been waived due to the failure to file objections within the specified time. See Thomas v. Arn, 5 474 U.S. 140, 142 (1985). This circuit has also held that (1) failure to file objections within the specified 6 time and (2) failure to properly address and brief the objectionable issues waives the right to appeal the 7 District Court’s order and/or appeal factual issues from the order of the District Court. See Martinez v. 8 Ylst, 951 F.2d 1153, 1157 (9th Cir. 1991); Britt v. Simi Valley United Sch. Dist., 708 F.2d 452, 454 (9th 9 Cir. 1983). 10 DATED this 17th day of July, 2017. 11 12 _________________________ CAM FERENBACH UNITED STATES MAGISTRATE JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 3

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