Barone v. State of Nevada et al

Filing 5

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

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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ANTHONY BARONE, JR.,
Case No. 2:22-cv-00353-ART-VCF

Plaintiffs,
vs.

ORDER TO ADMINISTRATIVELY CLOSE
CASE

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STATE OF NEVADA,
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Defendants.

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I previously denied pro se plaintiff Anthony Barone, Jr.’s application to proceed in forma

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pauperis (IFP) without prejudice. ECF No. 3. I gave plaintiff until Wednesday, April 27, 2022, to either

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file the long form IFP application or to pay the filing fee. Id. The deadline has passed, and plaintiff has

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not paid the filing fee or submitted a new IFP application. Since plaintiff has not commenced this action,

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I order that this case be administratively closed.
ACCORDINGLY,

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I ORDER that the Clerk of Court is directed to administratively CLOSE this case.
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NOTICE
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Pursuant to Local Rules IB 3-1 and IB 3-2, a party may object to orders and reports and
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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

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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)

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failure to properly address and brief the objectionable issues waives the right to appeal the District

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Court's order and/or appeal factual issues from the order of the District Court. Martinez v. Ylst, 951 F.2d

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1153, 1157 (9th Cir. 1991); Britt v. Simi Valley United Sch. Dist., 708 F.2d 452, 454 (9th Cir. 1983).

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Pursuant to LR IA 3-1, the plaintiff must immediately file written notification with the court of any

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change of address. The notification must include proof of service upon each opposing party’s attorney,

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or upon the opposing party if the party is unrepresented by counsel. Failure to comply with this rule may

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result in dismissal of the action.

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IT IS SO ORDERED.
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DATED this 9th day of May 2022.
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_________________________
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CAM FERENBACH
UNITED STATES MAGISTRATE JUDGE

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