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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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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Raymond Inoue,

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Case No.: 2:17-cv-03134-JAD-PAL

Plaintiff

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v.

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Order Adopting Report and
Recommendation and Dismissing Case

Immigration Customs Enforcement,

[ECF No. 7]

Defendant

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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.
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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
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NEV. DEP’T OF C
24 Raymond Inoue orORR. (April 5, 2018) http://doc.nv.gov/Inmates/Home/ (inmate search by name
by offender ID 1178986).
25 2 ECF No. 1.

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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).
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1 filing-fee payment. The Clerk of Court is directed to ENTER JUDGMENT accordingly and
2 CLOSE THIS CASE.
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Dated: April 5, 2018
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S. District
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e Jenn
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U.S. District Judge Jennifer A. Dorsey

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