Singleton v. Abram ( 2023 )

UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 Paul Singleton, 4 Case No. 2:23-cv-01560-JAD-VCF Plaintiff(s), 5 vs. Order 6 Precious Abram, 7 Defendant(s). 8 I ordered the Clerk of Court to close this case because plaintiff had not filed a new informa 9 pauperis application on the long form or paid the filing fee pursuant to my previous orders. ECF Nos. 3 10 11 and 4. Plaintiff has now, long after the deadline passed, filed a new application to proceed in forma 12 pauperis, but his new application still does not comply with my orders. Id. This application is on the 13 short form instead of the long form and he again refused to answer many of the questions by marking 14 “N/A” in response. ECF No. 5. I deny the plaintiff’s application in this closed case. To pursue his claims 15 plaintiff must file a new case, with a new informa pauperis application, now that this case is closed. 16 ACCORDINGLY, 17 I ORDER that plaintiff’s application to proceed in forma pauperis (ECF No. 5) is DENIED. This 18 case will remain CLOSED. 19 NOTICE 20 Pursuant to Local Rules IB 3-1 and IB 3-2, a party may object to orders and reports and 21 recommendations issued by the magistrate judge. Objections must be in writing and filed with the Clerk 22 23 of the Court within fourteen days. LR IB 3-1, 3-2. The Supreme Court has held that the courts of appeal 24 may determine that an appeal has been waived due to the failure to file objections within the specified 25 time. Thomas v. Arn, 474 U.S. 140, 142 (1985). This circuit has also held that (1) failure to file objections within the specified time and (2) failure to properly address and brief the objectionable issues 5 waives the right to appeal the District Court's order and/or appeal factual issues from the order of the 3 District Court. Martinez v. YIst, 951 F.2d 1153, 1157 (9th Cir. 1991); Britt v. Simi Valley United Sch. 4 || Dist., 708 F.2d 452, 454 (9th Cir. 1983). Pursuant to LR IA 3-1, plaintiffs must immediately file written 5 || notification with the court of any change of address. The notification must include proof of service upon 6 || each opposing party’s attorney, or upon the opposing party if the party is unrepresented by counsel. 7 || Failure to comply with this rule may result in dismissal of the action. 8 IT IS SO ORDERED. 9 DATED this 6th day of December 2023. 10 JO" APO0OE ran. ll CAM FERENBACH UNITED STATES MAGISTRATE JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25