Mott v. Trinity Financial Services, LLC ( 2023 )

UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 *** 4 RODNEY MOTT, 5 Case No. 2:23-cv-00252-JAD-VCF Plaintiff, 6 vs. ORDER 7 TRINITY FINANCIAL SERVICES, LLC, 8 Defendant. 9 Pro se plaintiff Rodney Mott filed a complaint, but he did not pay the filing fee or file an 10 application to proceed in forma pauperis. Under 28 U.S.C. § 1914(a), a filing fee is required to 11 commence a civil action in federal court. Under 28 U.S.C. § 1915(a)(1), a plaintiff may bring a civil 12 action “without prepayment of fees or security thereof” if the plaintiff submits a financial affidavit that 13 14 demonstrates the plaintiff “is unable to pay such fees or give security therefor.” Mott is a frequent 15 litigator in this Court, so he is familiar with the rules of this Court. I note that his cases have been 16 frequently dismissed, which boarders on vexatious. Plaintiff must pay the full filing fee or file an 17 application to proceed in forma pauperis if he wishes to proceed with this case. 18 ACCORDINGLY, 19 I ORDER that Plaintiff has until Thursday, November 2, 2023, to pay the filing fee in full or file 20 an application to proceed in forma pauperis. Failure to comply with this order may result in dismissal of 21 this case or an order that this case be administratively closed. 22 I CAUTION plaintiff that continuing to file duplicative and/or frivolous lawsuits may result in 23 adverse consequences, including possible sanctions or a finding that he is a vexatious litigant. 24 NOTICE 25 Pursuant to Local Rules IB 3-1 and IB 3-2, a party may object to orders and reports and recommendations issued by the magistrate judge. Objections must be in writing and filed with the Clerk 5 of the Court within fourteen days. LR IB 3-1, 3-2. The Supreme Court has held that the courts of appeal 3 || may determine that an appeal has been waived due to the failure to file objections within the specified 4 || time. Thomas v. Arn, 474 U.S. 140, 142 (1985). 5 This circuit has also held that (1) failure to file objections within the specified time and (2) 6 || failure to properly address and brief the objectionable issues waives the right to appeal the District 7 || Court's order and/or appeal factual issues from the order of the District Court. Martinez v. YIst, 951 F.2d 8 1153, 1157 (th Cir. 1991); Britt v. Simi Valley United Sch. Dist., 708 F.2d 452, 454 (9th Cir. 1983). ° Pursuant to LR JA 3-1, the plaintiff 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. Failure to comply with this rule may result in dismissal of the action. 4 IT IS SO ORDERED. 15 DATED this 3rd day of October 2023. 2 CAM FERENBACH 17 UNITED STATES MAGISTRATE JUDGE 18 19 20 21 22 23 24 25