Webb v. Federal Court Staff et al

Filing 5

REPORT AND RECOMMENDATION that this action be dismissed without prejudice. Objections to R&R due by 8/16/2017. Signed by Magistrate Judge William G. Cobb on 8/2/2017. (Copies have been distributed pursuant to the NEF - KR)

1
2
3
4
5

UNITED STATES DISTRICT COURT

6

DISTRICT OF NEVADA

7
8
9
10
11

TRACY WEBB,

)
)
Plaintiff,
)
)
vs.
)
)
FEDERAL COURT STAFF, et al.,
)
)
Defendants.
)
______________________________________)

3:17-cv-00350-MMD-WGC
REPORT & RECOMMENDATION
OF U.S. MAGISTRATE JUDGE

12
13

This Report and Recommendation is made to the Honorable Miranda M. Du, 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 1B 1-4.

16

Plaintiff filed an application to proceed in forma pauperis (IFP) and pro se complaint on June 5,

17

2017. (ECF Nos. 1, 1-1.) On June 29, 2017, the undersigned issued an order denying Plaintiff’s IFP

18

application without prejudice, and directing Plaintiff to file a new, complete application which clearly

19

set forth the income and expenses within thirty days. (ECF No. 3.) The order was returned as

20

undeliverable. (ECF No. 4.) To date, Plaintiff has neither provided an update address nor a completed

21

IFP application. Therefore, the court recommends dismissal of this action without prejudice.

22
23
24

RECOMMENDATION
IT IS HEREBY RECOMMENDED that the District Judge enter an order DISMISSING this
action WITHOUT PREJUDICE.

25

Plaintiff should be aware of the following:

26

1. Plaintiff may file, pursuant to 28 U.S.C. § 636(b)(1)(C), specific written objections to this

27

Report and Recommendation within fourteen days of receipt. These objections should be titled

28

"Objections to Magistrate Judge's Report and Recommendation" and should be accompanied by points
and authorities for consideration by the district judge.

1

2. This Report and Recommendation is not an appealable order and that any notice of appeal

2

pursuant to Rule 4(a)(1) of the Federal Rules of Appellate Procedure should not be filed until entry of

3

judgment by the district court.

4

DATED: August 2, 2017.

5
6

____________________________________
WILLIAM G. COBB
UNITED STATES MAGISTRATE JUDGE

7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2