Wallace v. Veterans Affairs

Filing 6

REPORT AND RECOMMENDATION that the District Court enter an order DISMISSING this action without prejudice. ( Objections to R&R due by 11/26/2015. ) Signed by Magistrate Judge Valerie P. Cooke on 11/9/2015. (Copies have been distributed pursuant to the NEF - DRM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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3:15-cv-00302-RCJ-VPC

JOHN WILLIAM WALLACE,

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Plaintiff,

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REPORT AND RECOMMENDATION
OF U.S. MAGISTRATE JUDGE

v.

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VETERANS AFFAIRS, et al.,

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Defendants.

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This report and recommendation is made to the Honorable Robert C. Jones, United States

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District Judge. The action was referred to the undersigned Magistrate Judge pursuant to 28

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U.S.C. § 636(b)(1)(B) and the Local Rules of Practice, LR IB 1-4.

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On June 8, 2015, plaintiff submitted a four-page list of various words, company names,
landmarks, countries, groups of people and addresses (#1).

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On July 22, 2015, the court ordered plaintiff to submit an application to proceed in forma

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pauperis and a properly styled complaint on or before August 14, 2015 (#3). Plaintiff was

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cautioned that failure to do so would result in a recommendation to the District Court to dismiss

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this action. Id. Since that time, plaintiff has filed two more documents that merely list repetitive

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words (#s 4 & 5); however, he has not filed an application to proceed in forma pauperis or a

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complaint as directed.1

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Based upon the foregoing, the undersigned magistrate judge recommends that this action
be dismissed without prejudice.

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The court notes that plaintiff has had multiple similar actions dismissed in this District. See case
nos. 3:11-CV-0278-RCJ (VPC); 3:11-CV-0808-RCJ (VPC); 3:13-CV-0174-RCJ (WGC); 3:12CV-0223-LRH (VPC); 3:12-CV-0362-LRH (VPC); and 3:15-CV-0161-MMD (VPC).

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The parties should be aware of the following:

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They may file, pursuant to 28 U.S.C. § 636(b)(1)(C) and Rule IB 3-2 of the Local

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Rules of Practice, specific written objections to this Report and Recommendation within fourteen

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(14) days of receipt. These objections should be titled “Objections to Magistrate Judge’s Report

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and Recommendation” and should be accompanied by points and authorities for consideration by

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the District Court.

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This Report and Recommendation is not an appealable order, and any notice of

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appeal pursuant to Rule 4(a)(1), Fed. R. App. P., should not be filed until entry of the District

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Court’s judgment.

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RECOMMENDATION

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For the reason stated above, the undersigned Magistrate Judge recommends that the

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District Court enter an order DISMISSING this action without prejudice.
DATED: November 9, 2015.

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________________________________________
UNITED STATES MAGISTRATE JUDGE

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