Castaneda v. Hardy ( 2023 )

2 UNITED STATES DISTRICT COURT 3 4 DISTRICT OF NEVADA *** 5 Antonio Castaneda, 6 Case No. 2:22-cv-01927-GMN-VCF Plaintiff, 7 vs. Order to Administratively Close Case 8 Joe Hardy, et al. 9 Defendant. 10 I previously ordered that this case be closed because pro se plaintiff Antonio Castaneda did not 11 file a complete in forma pauperis application. ECF No. 7. Plaintiff then filed a motion for 12 reconsideration, so I gave plaintiff sixty days to either file a complete IFP application or pay the filing 13 14 fee. ECF No. 9. The sixty-day deadline has passed, and plaintiff has not filed anything or paid the filing 15 fee. Since plaintiff has not commenced this action, I order that this case be administratively closed. 16 ACCORDINGLY, 17 I ORDER that the Clerk of Court is directed to administratively CLOSE this case. 18 NOTICE 19 Pursuant to Local Rules IB 3-1 and IB 3-2, a party may object to orders and reports and 20 recommendations issued by the magistrate judge. Objections must be in writing and filed with the Clerk 21 of the Court within fourteen days. LR IB 3-1, 3-2. The Supreme Court has held that the courts of appeal 22 may determine that an appeal has been waived due to the failure to file objections within the specified 23 time. Thomas v. Arn, 474 U.S. 140, 142 (1985). 24 This circuit has also held that (1) failure to file objections within the specified time and (2) 25 failure to properly address and brief the objectionable issues waives the right to appeal the District Court's order and/or appeal factual issues from the order of the District Court. Martinez v. YIst, 951 F.2d 5 1153, 1157 (th Cir. 1991); Britt v. Simi Valley United Sch. Dist., 708 F.2d 452, 454 (9th Cir. 1983). 3 || Pursuant to LR IA 3-1, the plaintiff must immediately file written notification with the court of any 4 || change of address. The notification must include proof of service upon each opposing party’s attorney, 5 || or upon the opposing party if the party is unrepresented by counsel. Failure to comply with this rule may 6 || result in dismissal of the action. 7 IT IS SO ORDERED. 8 DATED this 29th day of March 2023. 9 Loan eect 10 CAM FERENBACH UNITED STATES MAGISTRATE JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25