Washington v. Division of Welfare and Supportive Services - Nevada, Cambridge ( 2024 )

1 2 UNITED STATES DISTRICT COURT 3 DISTRICT OF NEVADA 4 * * * 5 Melvin Washington, Case No. 2:23-cv-00910-GMN-DJA 6 Plaintiff, 7 Report and Recommendation v. 8 Division of Welfare and Supportive Services – 9 Nevada, Cambridge, 10 Defendant. 11 On June 28, 2024, the Court gave Plaintiff an additional chance to accomplish service and 12 ordered Plaintiff to do so by July 29, 2024. (ECF No. 24). The Court explained that “[f]ailure to 13 comply with this order will result in a recommendation of dismissal to the district judge.” (Id.). 14 To date, Plaintiff has not filed anything further in this action. 15 16 Accordingly, the undersigned RECOMMENDS that this case be DISMISSED without 17 prejudice. The Clerk of Court is kindly directed to send this recommendation to Plaintiff. 18 19 NOTICE 20 Pursuant to Local Rule IB 3-2 any objection to this Report and Recommendation must be 21 in writing and filed with the Clerk of the Court within (14) days after service of this Notice. The 22 Supreme Court has held that the courts of appeal may determine that an appeal has been waived 23 due to the failure to file objections within the specified time. Thomas v. Arn, 474 U.S. 140, 142 24 (1985), reh’g denied, 474 U.S. 1111 (1986). The Ninth Circuit has also held that (1) failure to file 25 objections within the specified time and (2) failure to properly address and brief the objectionable 26 issues waives the right to appeal the District Court’s order and/or appeal factual issues from the 27 1 order of the District Court. Martinez v. Ylst, 951 F.2d 1153, 1157 (9th Cir. 1991); Britt v. Simi 2 Valley United Sch. Dist., 708 F.2d 452, 454 (9th Cir. 1983). 3 4 DATED: July 31, 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