Noon v. United States Air Force

Opinion

1 2 3 4 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON 5 AT TACOMAs 6 KAYDEE HELEN NOON, Case No. C22-5865 DGE 7 Plaintiff, v. REPORT AND 8 RECOMMENDATION UNITED STATES AIR FORCE, 9 Defendants. 10 11 On January 5, 2023, this Court entered a Report and Recommendation that 12 plaintiff’s application to proceed in forma pauperis should be denied for failure to 13 prosecute after plaintiff failed to respond to the Court’s order to show cause. Dkt. 3. The 14 Court, in the Report and Recommendation, stated that plaintiff’s complaint failed to state 15 claim. However, the order to show cause was issued because it appeared plaintiff could 16 afford the $402.00 filing fee. Thus, this Report and Recommendation seeks to clarify 17 that plaintiff’s application to proceed in forma pauperis should be denied and her 18 complaint should be dismissed without prejudice for failure to respond to the Court’s 19 order to show cause asking her to either explain why she cannot afford the filing fee, or 20 in the alternative, pay the $402.00 filing fee. Plaintiff has not done either to date. 21 A plaintiff is not entitled to submit written objections to the Magistrate Judge’s 22 report and recommendation that IFP status should be denied. Minetti v. Port of 23 Seattle, 152 F.3d 1113, 1114 (9th Cir. 1998)(per curiam). Denial of a motion to 24 1 proceed IFP is an immediately appealable order. Tripati v. Rison, 847 F.2d 548, 2 548-549 (9th Cir. 1988). Under O’Neal v. Price, 531 F.3d 1146, 1151-1156 (9th Cir. 3 2008), the complaint should be dismissed without prejudice. 4

5 Dated this 11th day of January, 2023. 6 7 A 8 Theresa L. Fricke 9 United States Magistrate Judge

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