White v. White et al

Filing 3

REPORT AND RECOMMENDATION re 2 Minute Order. The Magistrate Judge recommends that the District Court enter an order DISMISSING this action without prejudice. (Objections to R&R due by 8/22/2010) Signed by Magistrate Judge Valerie P. Cooke on 08/02/2010. (Copies have been distributed pursuant to the NEF - MLC)

White v. White et al

Doc. 3

1 2 3 4 5 6 7 8 9 10 11 12 13 This report and recommendation is made to the Honorable Larry R. Hicks, United States 14 District Judge. The action was referred to the undersigned Magistrate Judge pursuant to 28 U.S.C. 15 § 636(b)(1)(B) and the Local Rules of Practice, LR IB 1-4. 16 In January 2010, plaintiff filed a letter dated December 16, 2009, and addressed "To Whom 17 It May Concern" (#1-1). Attached to the letter are various exhibits including documents which 18 purportedly evidence the sale of real property in Ione, California, numerous bank statements, and a 19 death certificate (#s 1-3 & 1-4). Plaintiff failed to submit either a request to proceed in forma pauperis 20 or the filing fee. Plaintiff also failed to submit a properly styled complaint. 21 On April 9, 2010, the court ordered plaintiff to submit either the full filing fee to initiate a civil 22 action in the amount of $350 or an application to proceed in forma pauperis on or before May 7, 2010 23 (#2). Plaintiff was also ordered to submit a properly styled complaint by the same date. Id. Plaintiff 24 was cautioned that failure to do so would result in a recommendation to the District Court to dismiss 25 this action. Id. Plaintiff failed to respond to this court's order. 26 Based upon the foregoing, the undersigned magistrate judge recommends that this action be 27 dismissed without prejudice. 28 CAROL WHITE, ) ) Plaintiff, ) ) v. ) ) CHRISTOPHER WHITE, et al., ) ) ) ____________________________________) 3:10-CV-0033-LRH (VPC) REPORT AND RECOMMENDATION OF U.S. MAGISTRATE JUDGE UNITED STATES DISTRICT COURT DISTRICT OF NEVADA

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The parties should be aware of the following: 1. They may file, pursuant to 28 U.S.C. § 636(b)(1)(C) and Rule IB 3-2 of the Local Rules

of Practice, specific written objections to this Report and Recommendation within fourteen (14) days of receipt. These objections should be titled "Objections to Magistrate Judge's Report and

Recommendation" and should be accompanied by points and authorities for consideration by the District Court. 2. This Report and Recommendation is not an appealable order, and any notice of appeal

pursuant to Rule 4(a)(1), Fed. R. App. P., should not be filed until entry of the District Court's judgment. RECOMMENDATION For the reason stated above, the undersigned Magistrate Judge recommends that the District Court enter an order DISMISSING this action without prejudice. DATED: August 2, 2010.

________________________________________ UNITED STATES MAGISTRATE JUDGE