Miller v. Steinheimer, et al

Filing 5

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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1 2 3 4 5 6 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA 7 8 MARTIN KARL MILLER, 9 10 11 12 13 ) ) Plaintiff, ) ) vs. ) ) CONNIE STEINHEIMER, et al., ) ) Defendants. ) ____________________________________) 3:16-CV-0317-MMD (VPC) REPORT AND RECOMMENDATION OF U.S. MAGISTRATE JUDGE 14 This report and recommendation is made to the Honorable Miranda M. Du, United States 15 District Judge. The action was referred to the undersigned Magistrate Judge pursuant to 28 U.S.C. 16 § 636(b)(1)(B) and the Local Rules of Practice, LR IB 1-4. 17 On June 10, 2016, the court received plaintiff’s request to proceed in forma pauperis (ECF No. 18 1) and a civil rights complaint. On June 8, 2017, found plaintiff’s declaration insufficient for the court 19 rule on the application as he had been released from custody (ECF No. 4). The court ordered plaintiff 20 to submit a completed application to proceed in forma pauperis for non-prisoners on or before June 21 26, 2017. (Id.) Plaintiff failed to respond to this court’s order. 22 Based upon the foregoing, the undersigned magistrate judge recommends that the application 23 to proceed in forma pauperis (ECF No. 1) be denied and this action be dismissed without prejudice. 24 The parties should be aware of the following: 25 1. They may file, pursuant to 28 U.S.C. § 636(b)(1)(C) and Rule IB 3-2 of the Local Rules 26 of Practice, specific written objections to this Report and Recommendation within fourteen (14) days 27 of receipt. 28 These objections should be titled “Objections to Magistrate Judge’s Report and 1 Recommendation” and should be accompanied by points and authorities for consideration by the 2 District Court. 3 2. This Report and Recommendation is not an appealable order, and any notice of appeal 4 pursuant to Rule 4(a)(1), Fed. R. App. P., should not be filed until entry of the District Court’s 5 judgment. 6 7 8 RECOMMENDATION For the reasons stated above, the undersigned Magistrate Judge recommends that the District Judge enter an order as follows: 9 1. DENYING plaintiff’s request to proceed in forma pauperis (ECF No. 1); and 10 2. DISMISSING this action without prejudice. 11 DATED: October 25, 2017. 12 13 ________________________________________ UNITED STATES MAGISTRATE JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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