Randall v. Las Vegas Metropolitan Police ( 2024 )

1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 Ryan Kenneth Randall, 2:24-cv-00337-ART-MDC 4 Plaintiff(s), 5 vs. ORDER DIRECTING PLAINTIFF TO PAY FEE OR FILE IFP APPLICATION 6 Las Vegas Metropolitan Police, 7 Defendant(s). 8 Pro se plaintiff Ryan Kenneth Randall filed initiating documents (ECF No. 1) but did not pay the 9 filing fee or file an application to proceed in forma pauperis. 10 Under 28 U.S.C. § 1914(a), a filing fee is required to commence a civil action in federal court. 11 However, a plaintiff may bring a civil action “without prepayment of fees or security thereof” if the 12 plaintiff submits a financial affidavit that demonstrates the plaintiff “is unable to pay such fees or give 13 security therefor.” 28 U.S.C. § 1915(a)(1). To proceed with this case, plaintiff must either pay the full 14 $405 filing fee or file an application to proceed in forma pauperis. 15 16 ACCORDINGLY, 17 IT IS ORDERED that: 18 1. Plaintiff has until August 30, 2024, to pay the filing fee in full or file an application to proceed 19 in forma pauperis. 20 2. Failure to comply with this order may result in dismissal of this case or a report and 21 recommendation that this case be administratively closed. 22 3. Plaintiff shall not file any documents with the Court until he has either paid the full filing fee, 23 or the Court has approved his application to proceed in forma pauperis and screened his 24 25 complaint. Any documents filed in violation of this Order will not be acted upon by the Court 5 and may be struck sua sponte from the docket. 3 4 DATED this 31* day of July 2024. IT IS SO ORDERED. / ip 7-7 > LX fbf \ 6 I Mf } Go fo 7 Hon. Maxiniiliatio D. Couvillier IT United Stat agistrate Judge 8 9 10 NOTICE 11 Pursuant to Local Rules IB 3-1 and IB 3-2, a party may object to orders and reports and 12 recommendations issued by the magistrate judge. Objections must be in writing and filed with the Clerk 13 of the Court within fourteen days. LR IB 3-1, 3-2. The Supreme Court has held that the courts of appeal 14 may determine that an appeal has been waived due to the failure to file objections within the specified 15 time. Thomas vy. Arn, 474 U.S. 140, 142 (1985). 16 This circuit has also held that (1) failure to file objections within the specified time and (2) failure 17 to properly address and brief the objectionable issues waives the right to appeal the District Court's order 18 and/or appeal factual issues from the order of the District Court. Martinez v. Yist, 951 F.2d 1153, 1157 19 (9th Cir. 1991); Britt v. Simi Valley United Sch. Dist., 708 F.2d 452, 454 (9th Cir. 1983). Pursuant to LR 20 IA 3-1, the plaintiff must immediately file written notification with the court of any change of address. 21 The notification must include proof of service upon each opposing party’s attorney, or upon the opposing 22 party if the party is unrepresented by counsel. Failure to comply with this rule may result in dismissal of 23 the action. 24 25