Dillard v. Lovell ( 2024 )

1 2 UNITED STATES DISTRICT COURT 3 DISTRICT OF NEVADA 4 * * * 5 James H. Dillard II, Case No. 2:23-cv-01242-CDS-DJA 6 Plaintiff, 7 Order v. 8 Damon Lovell, Marquis Edwards, and Kenneth 9 Rucker, 10 Defendants. 11 12 The Court previously granted Plaintiff’s request to proceed in forma pauperis and 13 screened the complaint pursuant to 28 U.S.C. § 1915. (ECF No. 3). In doing so, the Court found 14 that Plaintiff’s complaint was deficient. (Id.). As a result, the Court dismissed Plaintiff’s 15 complaint on October 27, 2023 and granted Plaintiff leave to amend the complaint, requiring that 16 an amended complaint be filed within 30 days, which has since passed. (Id.). The Court stated, 17 “[f]ailure to comply with this order will result in the recommended dismissal of this case.” (Id. at 18 4). To date, the Court has not received an amended complaint or any request to extend the 19 deadline for filing one. 20 Accordingly, the undersigned RECOMMENDS that this case be DISMISSED without 21 prejudice. The Clerk of Court is kindly directed to mail this recommendation to Plaintiff. 22 NOTICE 23 Pursuant to Local Rule IB 3-2 any objection to this Report and Recommendation must be 24 in writing and filed with the Clerk of the Court within (14) days after service of this Notice. The 25 Supreme Court has held that the courts of appeal may determine that an appeal has been waived 26 due to the failure to file objections within the specified time. Thomas v. Arn, 474 U.S. 140, 142 27 (1985), reh’g denied, 474 U.S. 1111 (1986). The Ninth Circuit has also held that (1) failure to file 1 issues waives the right to appeal the District Court’s order and/or appeal factual issues from the 2 order of the District Court. Martinez v. Ylst, 951 F.2d 1153, 1157 (9th Cir. 1991); Britt v. Simi 3 Valley United Sch. Dist., 708 F.2d 452, 454 (9th Cir. 1983). 4 DATED: February 5, 2024 5 6 7 DANIEL J. ALBREGTS UNITED STATES MAGISTRATE JUDGE 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27