Pointer v. State of Nevada ( 2024 )

UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 Jesse Jerome Pointer, 4 Case No. 2:22-cv-01847-RFB-MDC Plaintiff(s), 5 vs. Order to Administratively Close Case 6 State of Nevada et al., 7 Defendant(s). 8 The Court ordered the Plaintiff to either file an in forma pauperis application on the Court’s 9 approved form or pay the filing fee within thirty days. ECF No. 4. More than thirty days have passed, 10 11 and the Plaintiff has not filed anything or paid the filing fee. In the earlier order, the Court warned 12 Plaintiff that, “[f]ailure to timely comply with this Order may result in case closure or a recommendation 13 for dismissal with prejudice” Id. 14 The Court’s order (ECF No. 4) was returned as undeliverable to Plaintiff’s listed address. ECF 15 No. 5. The Court warned in its order (ECF No. 4) that failing to comply with LR IA 3-1, timely 16 notification of any change of address, may result in dismissal of the action. 17 Since plaintiff has not commenced this action nor notified the Court of any change of address, 18 the Court orders that this case be administratively closed. 19 ACCORDINGLY, 20 IT IS ORDERED that the Clerk of Court is directed to administratively CLOSE this case. 21 I CAUTION plaintiff that continuing to file duplicative and/or frivolous lawsuits may result in 22 23 adverse consequences, including possible sanctions or a finding that he is a vexatious litigant. 24 25 NOTICE 5 Pursuant to Local Rules IB 3-1 and IB 3-2, a party may object to orders and reports and 3 || recommendations issued by the magistrate judge. Objections must be in writing and filed with the Clerk 4 || of the Court within fourteen days. LR IB 3-1, 3-2. The Supreme Court has held that the courts of appeal 5 determine that an appeal has been waived due to the failure to file objections within the specified 6 Thomas v. Arn, 474 U.S. 140, 142 (1985). This circuit has also held that (1) failure to file 7 || objections within the specified time and (2) 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 1153, 1157 (9th Cir. 1991); Britt v. Simi Valley United Sch. Dist., 708 F.2d 452, 454 (9th Cir. 1983). Pursuant to LR JA 3-1, plaintiffs must immediately file written notification with the court of any change of address. The notification must include proof of service upon each opposing party’s attorney, or upon the opposing party if the party is unrepresented by counsel. 4 Failure to comply with this rule may result in dismissal of the action. 15 IT IS SO ORDERED. 6 DATED this 26" day of January 2024. LY pon ) 7 po ff | MAXIMILIANO Dy CopviLLigr II 18 UNITED STATES GISTRATE JUDGE 19 20 21 22 23 24 25