Barone v. State of Nevada et al
ORDER TO ADMINISTRATIVELY CLOSE CASE. Signed by Magistrate Judge Cam Ferenbach on 5/9/2022. (Copies have been distributed pursuant to the NEF - DRM)
Case 2:22-cv-00353-ART-VCF Document 5 Filed 05/09/22 Page 1 of 2
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
ANTHONY BARONE, JR.,
Case No. 2:22-cv-00353-ART-VCF
ORDER TO ADMINISTRATIVELY CLOSE
STATE OF NEVADA,
I previously denied pro se plaintiff Anthony Barone, Jr.’s application to proceed in forma
pauperis (IFP) without prejudice. ECF No. 3. I gave plaintiff until Wednesday, April 27, 2022, to either
file the long form IFP application or to pay the filing fee. Id. The deadline has passed, and plaintiff has
not paid the filing fee or submitted a new IFP application. Since plaintiff has not commenced this action,
I order that this case be administratively closed.
I ORDER that the Clerk of Court is directed to administratively CLOSE this case.
Pursuant to Local Rules IB 3-1 and IB 3-2, a party may object to orders and reports and
recommendations issued by the magistrate judge. Objections must be in writing and filed with the Clerk
of the Court within fourteen days. LR IB 3-1, 3-2. The Supreme Court has held that the courts of appeal
may determine that an appeal has been waived due to the failure to file objections within the specified
Case 2:22-cv-00353-ART-VCF Document 5 Filed 05/09/22 Page 2 of 2
time. Thomas v. Arn, 474 U.S. 140, 142 (1985).
This circuit has also held that (1) failure to file objections within the specified time and (2)
failure to properly address and brief the objectionable issues waives the right to appeal the District
Court's order and/or appeal factual issues from the order of the District Court. Martinez v. Ylst, 951 F.2d
1153, 1157 (9th Cir. 1991); Britt v. Simi Valley United Sch. Dist., 708 F.2d 452, 454 (9th Cir. 1983).
Pursuant to LR IA 3-1, the plaintiff must immediately file written notification with the court of any
change of address. The notification must include proof of service upon each opposing party’s attorney,
or upon the opposing party if the party is unrepresented by counsel. Failure to comply with this rule may
result in dismissal of the action.
IT IS SO ORDERED.
DATED this 9th day of May 2022.
UNITED STATES MAGISTRATE JUDGE
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