Johnson v. Officer Ponticello ( 2024 )

1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 * * * 4 5 Robert W. Johnson, Case No. 2:24-cv-01728-JAD-DJA 6 Plaintiff 7 Order Adopting v. Report and Recommendation 8 Officer Ponticello, 9 ECF No. 4 Defendant 10 11 On 11/4/24, the magistrate judge entered the following report and recommendation: 12 13 On September 20, 2024, the Court denied Plaintiff’s application to proceed in forma 14 pauperis and directed him to file a new one or pay the filing fee on or before October 21, 2024. 15 (ECF No. 3). In doing so, the Court explained that “[f]ailure to comply with this order may 16 result in a recommendation to the district judge that this case be dismissed.” (Id.). Plaintiff has 17 missed this deadline. So, the Court recommends that Plaintiff’s case be dismissed without 18 prejudice. A dismissal without prejudice allows Plaintiff to refile a case with the Court, under a 19 new case number. 20 Accordingly, the undersigned RECOMMENDS that this case be DISMISSED without 21 prejudice. The Clerk of Court is kindly directed to send this recommendation to Plaintiff. 22 NOTICE 23 Pursuant to Local Rule IB 3-2 any objection to this Report and Recommendation must be 24 in writing and filed with the Clerk of the Court within (14) days after service of this Notice. The 25 Supreme Court has held that the courts of appeal may determine that an appeal has been waived 26 due to the failure to file objections within the specified time. Thomas v. Arn, 474 U.S. 140, 142 27 (1985), reh’g denied, 474 U.S. 1111 (1986). The Ninth Circuit has also held that (1) failure to 1 || objectionable issues waives the right to appeal the District Court’s order and/or appeal factual 2 || issues from the order of the District Court. Martinez v. Yist, 951 F.2d 1153, 1157 (9th Cir. 1991); 3 || Britt v. Simi Valley United Sch. Dist., 708 F.2d 452, 454 (9th Cir. 1983). 4 5 6 Order Adopting Report and Recommendation 7 The deadline for any party to object to this recommendation was 11/18/24, and no party 8 filed anything or asked to extend the deadline to do so. “[N]o review is required of a magistrate 9 || judge’s report and recommendation unless objections are filed.” United States v. Reyna-Tapia, 328 10 || F-3d 1114, 1121 (9th Cir. 2003). Having reviewed the report and recommendation, I find good cause to adopt it, and I do. IT IS THEREFORE ORDERED that the Magistrate Judge’s Report and M Recommendation [ECF No. 4] is ADOPTED in its entirety, THIS CASE IS DISMISSED 12 || without prejudice, and the Clerk of Court is directed to CLOSE THIS CASE. If Robert 13 || Johnson desires to proceed with his claims, he must file a new action because this one is now closed. 14 es 16 USS. District Judge Jennifer’ A. Dorsey 7 Dated: November 19, 2024 18 19 20 21 22 23 24 25 26 27 28