Inoue v. Immigration Customs Enforcement

Filing 9

ORDER that Magistrate Judge Leen's 7 Report and Recommendation is ACCEPTED and ADOPTED. This case is DISMISSED without prejudice to Inoue's ability to re-file it with an accompanying pauper application or a filing fee payment. The Clerk of Court is directed to enter Judgment accordingly and close this case. Signed by Judge Jennifer A. Dorsey on 4/5/2018. (Copies have been distributed pursuant to the NEF - SLD)

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1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 Raymond Inoue, 4 Case No.: 2:17-cv-03134-JAD-PAL Plaintiff 5 6 v. 7 Order Adopting Report and Recommendation and Dismissing Case Immigration Customs Enforcement, [ECF No. 7] Defendant 8 9 Pro se plaintiff Raymond Inoue spent nine months in jail at the Southern Desert 10 Correctional Center for committing burglary and carrying a concealed weapon before he was 11 released on parole. 1 He brought this case to request a stay of his pending deportation to the 12 Philippines, but he neither paid the filing fee nor filed an application to proceed in forma 13 pauperis. 2 This court ordered Inoue to pay the filing fee or file a pauper application and warned 14 him that his case would be dismissed if he did neither. 15 Inoue has now had four months to pay the fee or file a pauper application, but he has 16 failed to do anything. Magistrate Judge Peggy Leen therefore recommends that I dismiss this 17 case. 3 The deadline to object to Judge Leen’s recommendation was yesterday, April 4, 2018, 18 and Inoue has filed no objections. “[N]o review is required of a magistrate judge’s report and 19 recommendation unless objections are filed.” 4 Accordingly, with good cause appearing and no 20 reason to delay, IT IS HEREBY ORDERED that Magistrate Judge Leen’s report and 21 recommendation [ECF No. 7] is ACCEPTED and ADOPTED. This case is DISMISSED 22 without prejudice to Inoue’s ability to re-file it with an accompanying pauper application or a 23 1 NEV. DEP’T OF C 24 Raymond Inoue orORR. (April 5, 2018) (inmate search by name by offender ID 1178986). 25 2 ECF No. 1. 26 3 27 4 ECF No. 7. Schmidt v. Johnstone, 263 F. Supp. 2d 1219, 1226 (D. Ariz. 2003); see also Thomas v. Arn, 474 U.S. 140, 150 (1985); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003). 28 1 1 filing-fee payment. The Clerk of Court is directed to ENTER JUDGMENT accordingly and 2 CLOSE THIS CASE. 3 Dated: April 5, 2018 ___________________ _ _____ _ _ _______________________________ S. District ic ic e Jenn nnife nn nn U.S. District Judge Jennifer A. Dorsey 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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