Coney v. LVMPD Michael Lozo ( 2024 )

1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 * * * 4 WILLIAM CONEY, Case No. 2:24-cv-00685-GMN-EJY 5 Plaintiff, REPORT AND RECOMMENDATION 6 v. 7 LVMPD MICHAEL LOZO, et al., 8 Defendants. 9 10 On July 2, 2024, the Court entered an Order requiring Plaintiff to update his address in 11 accordance with Local Rule IA 3-1. ECF No. 6. The Court gave Plaintiff through and including 12 July 23, 2024 to comply with the Order. Id. The Court explained that failure to comply with the 13 terms of the Court’s Order would result in a recommendation to dismiss this case in its 14 entirety. Id. As of today’s date, Plaintiff has not updated his address or otherwise communicated 15 with the Court. A court may dismiss an action based on a party’s failure to prosecute an action or 16 failure to obey a court order. Ferdik v. Bonzelet, 963 F.2d 1258, 1260-61 (9th Cir. 1992). 17 Accordingly, IT IS HEREBY RECOMMENDED that this matter be dismissed in its entirety. 18 DATED this 1st August, 2024. 19 20 ELAYNA J. YOUCHAH 21 UNITED STATES MAGISTRATE JUDGE 22 23 NOTICE 24 Under Local Rule IB 3-2, any objection to this Finding and Recommendation must be in 25 writing and filed with the Clerk of the Court within fourteen (14) days. The Supreme Court has held 26 that the courts of appeal may determine that an appeal has been waived due to the failure to file 27 objections within the specified time. Thomas v. Arn, 474 U.S. 140, 142 (1985). This circuit has also 1 and brief the objectionable issues waives the right to appeal the District Court’s order and/or appeal 2 factual issues from the order of the District Court. Martinez v. Ylst, 951 F.2d 1153, 1157 (9th Cir. 3 1991); Britt v. Simi Valley United Sch. Dist., 708 F.2d 452, 454 (9th Cir. 1983). 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27