Tagle v. Department of Homeland Security

Filing 3

ORDER. IT IS ORDERED that 1 Tagle's Application to Proceed In Forma Pauperis is DENIED. IT IS FURTHER ORDERED that the Clerk of Court administratively close this case. Signed by Magistrate Judge Cam Ferenbach on 12/12/2017. (Copies have been distributed pursuant to the NEF - MR)

UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA
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***

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VICTOR TAGLE,
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Plaintiff,

Case No. 2:17-cv-02830-RFB-VCF

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vs.

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DEPARTMENT OF HOMELAND SECURITY,

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ORDER

Defendant.

APPLICATION TO PROCEED IN FORMA PAUPERIS
(ECF NO. 1)

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Before the Court is Victor Tagle’s Application to Proceed In Forma Pauperis. (ECF No. 1). For

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the reasons discussed below, the Court denies Tagle’s application and orders the Clerk of Court to

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administratively close this case.

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There is no complaint attached to Tagle’s Application. (ECF No. 1). This case solely consists of

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the Application. The Application appears to be filed in error, as Tagle filed another application and
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complaint four days later in Case No. 2:17-cv-02846-JAD-NJK.
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ACCORDINGLY, and for good cause,
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IT IS ORDERED that Tagle’s Application to Proceed In Forma Pauperis (ECF No. 1) is denied.
IT IS FURTHER ORDERED that the Clerk of Court administratively close this case.

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NOTICE

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Pursuant to Local Rule IB 3-1, any objection to this Order must be in writing and filed with the

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Clerk of the Court within 14 days. The Supreme Court has held that the courts of appeal may determine

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that an appeal has been waived due to the failure to file objections within the specified time. See Thomas

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v. Arn, 474 U.S. 140, 142 (1985). This circuit has also held that (1) failure to file objections within the

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specified time and (2) failure to properly address and brief the objectionable issues waives the right to
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appeal the District Court’s order and/or appeal factual issues from the order of the District Court. Martinez

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v. Ylst, 951 F.2d 1153, 1157 (9th Cir. 1991); Britt v. Simi Valley United Sch. Dist., 708 F.2d 452, 454 (9th

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Cir. 1983).

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IT IS SO ORDERED.

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DATED this 12th day of December, 2017.

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_________________________
CAM FERENBACH
UNITED STATES MAGISTRATE JUDGE

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