Miller v. Steinheimer, et al
Filing
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REPORT AND RECOMMENDATION that ECF No. 1 Motion/Applicationfor Leave to Proceed in forma pauperis be DENIED; DISMISSING this action without prejudice. Objections to R&R due by 11/8/2017. Signed by Magistrate Judge Valerie P. Cooke on 10/25/2017. (Copies have been distributed pursuant to the NEF - KW)
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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
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MARTIN KARL MILLER,
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Plaintiff,
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vs.
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CONNIE STEINHEIMER, et al.,
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Defendants.
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____________________________________)
3:16-CV-0317-MMD (VPC)
REPORT AND RECOMMENDATION
OF U.S. MAGISTRATE JUDGE
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This report and recommendation is made to the Honorable Miranda M. Du, United States
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District Judge. The action was referred to the undersigned Magistrate Judge pursuant to 28 U.S.C.
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§ 636(b)(1)(B) and the Local Rules of Practice, LR IB 1-4.
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On June 10, 2016, the court received plaintiff’s request to proceed in forma pauperis (ECF No.
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1) and a civil rights complaint. On June 8, 2017, found plaintiff’s declaration insufficient for the court
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rule on the application as he had been released from custody (ECF No. 4). The court ordered plaintiff
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to submit a completed application to proceed in forma pauperis for non-prisoners on or before June
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26, 2017. (Id.) Plaintiff failed to respond to this court’s order.
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Based upon the foregoing, the undersigned magistrate judge recommends that the application
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to proceed in forma pauperis (ECF No. 1) be denied and this action be dismissed without prejudice.
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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 Rules
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of Practice, specific written objections to this Report and Recommendation within fourteen (14) days
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of receipt.
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These objections should be titled “Objections to Magistrate Judge’s Report and
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Recommendation” and should be accompanied by points and authorities for consideration by the
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District Court.
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This Report and Recommendation is not an appealable order, and any notice of appeal
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pursuant to Rule 4(a)(1), Fed. R. App. P., should not be filed until entry of the District Court’s
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judgment.
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RECOMMENDATION
For the reasons stated above, the undersigned Magistrate Judge recommends that the District
Judge enter an order as follows:
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DENYING plaintiff’s request to proceed in forma pauperis (ECF No. 1); and
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DISMISSING this action without prejudice.
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DATED: October 25, 2017.
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________________________________________
UNITED STATES MAGISTRATE JUDGE
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