De la Cruz v. United States

Opinion

3 4 5 8 *** RAMIRO DE LA CRUZ, 9 Case No. 2:22-cv-00450-GMN-VCF 10 Plaintiffs, vs. 11 ORDER TO ADMINISTRATIVELY CLOSE UNITED STATES OF AMERICA, CASE 12 Defendants.

14 I previously denied pro se plaintiff Ramiro De la Cruz’s application to proceed in forma pauperis 15 (IFP) without prejudice. ECF No. 3. I gave plaintiff until May 2, 2022, to either file the long form IFP 16 application or to pay the filing fee. Id. The deadline has passed, and plaintiff has not paid the filing fee 17 or submitted a new IFP application. Since plaintiff has not commenced this action, I order that this case 18 be administratively closed. 19 ACCORDINGLY, 20 I ORDER that the Clerk of Court is directed to administratively CLOSE this case. 21 NOTICE 22 Pursuant to Local Rules IB 3-1 and IB 3-2, a party may object to orders and reports and 23 recommendations issued by the magistrate judge. Objections must be in writing and filed with the Clerk 24 of the Court within fourteen days. LR IB 3-1, 3-2. The Supreme Court has held that the courts of appeal 25 may determine that an appeal has been waived due to the failure to file objections within the specified time. Thomas v. Arn, 474 U.S. 140, 142 (1985).

5 This circuit has also held that (1) failure to file objections within the specified time and (2) 3 || failure to properly address and brief the objectionable issues waives the right to appeal the District 4 || Court's order and/or appeal factual issues from the order of the District Court. Martinez v. YIst, 951 F.2d 5 |{ 1153, 1157 (9th Cir. 1991); Britt v. Simi Valley United Sch. Dist., 708 F.2d 452, 454 (9th Cir. 1983). 6 || Pursuant to LR IA 3-1, the plaintiff must immediately file written notification with the court of any 7 || change of address. The notification must include proof of service upon each opposing party’s attorney, 8 Hl or upon the opposing party if the party is unrepresented by counsel. Failure to comply with this rule may ° result in dismissal of the action. IT IS SO ORDERED. DATED this 3rd day of May 2022. .

13 CAM FERENBACH 14 UNITED STATES MAGISTRATE JUDGE

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