Christian v. Frierson ( 2024 )

UNITED STATES DISTRICT COURT 2 2 DISTRICT OF NEVADA 3 3 * * * 4 4 Eric L. Christian, Case No. 2:24-cv-00529-RFB-EJY 5 5 Plaintiff, 6 6 v. REPORT AND RECOMMENDATION 7 7 Jason Frierson, U.S. Attorney’s Office, 8 8 Defendant. 9 9 10 On June 27, 2024, the Court entered an Order requiring Plaintiff to update his address, as 10 11 required by U.S. District Court for the District of Nevada Local Rule IA 3-1, after mail was returned 11 12 as undeliverable to Plaintiff’s address. ECF No. 25. The Court provided Plaintiff through and 12 13 including July 25, 2024 to submit his updated address. Id. The Court advised Plaintiff that failure 13 14 to update his address could result in the dismissal of this action. Id. See also Ferdik v. Bonzelet, 14 15 963 F.2d 1258, 1260-61 (9th Cir. 1992) (affirming dismissal for failure to comply with an order 15 16 requiring amendment of complaint); Malone v. U.S. Postal Service, 833 F.2d 128, 130 (9th Cir. 16 17 1987) (affirming dismissal for failure to comply with court order). As of today’s date, Plaintiff has 17 18 not complied with the Court’s June 27th Order and mail has again been returned as undeliverable. 18 19 Accordingly, IT IS HEREBY RECOMMENDED that this matter be dismissed in its entirety 19 20 without prejudice. 20 21 DATED this 26th day of July, 2024. 21 22 22 23 ELAYNA J. YOUCHAH 23 UNITED STATES MAGISTRATE JUDGE 24 24 25 NOTICE 25 26 Pursuant to Local Rule IB 3-2, any objection to this Finding and Recommendation must be 26 27 in writing and filed with the Clerk of the Court within fourteen (14) days. The Supreme Court has 27 28 held that the courts of appeal may determine that an appeal has been waived due to the failure to file 28 2 held that (1) failure to file objections within the specified time and (2) failure to properly address 2 3 and brief the objectionable issues waives the right to appeal the District Court’s order and/or appeal 3 4 factual issues from the order of the District Court. Martinez v. Ylst, 951 F.2d 1153, 1157 (9th Cir. 4 5 1991); Britt v. Simi Valley United Sch. Dist., 708 F.2d 452, 454 (9th Cir. 1983). 5 6 6 7 7 8 8 9 9 10 10 11 11 12 12 13 13 14 14 15 15 16 16 17 17 18 18 19 19 20 20 21 21 22 22 23 23 24 24 25 25 26 26 27 27 28 28