Ramirez v. Nevada Police Department

Opinion

2 UNITED STATES DISTRICT COURT 3 DISTRICT OF NEVADA 4 * * * 5 Denise Ramirez, Case No. 2:24-cv-01116-APG-DJA 6 Plaintiff, 7 Report and Recommendation v. 8 Nevada Police Department, 9 Defendant. 10 11 On July 11, 2024, the Court screened Plaintiff’s complaint and dismissed it, giving 12 Plaintiff until August 12, 2024, to file an amended complaint. (ECF No. 4). In doing so, the 13 Court informed Plaintiff that “[f]ailure to comply with this order will result in the recommended 14 dismissal of this case.” (Id.). To date, Plaintiff has not filed anything further in this action and 15 appears to have ceased prosecuting it. See Fed. R. Civ. P. 41(b). 16 17 Accordingly, the undersigned RECOMMENDS that this case be DISMISSED without 18 prejudice. The Clerk of Court is kindly directed to send this recommendation to Plaintiff. 19 20 21 22 23 24 25 26 /// 27 /// 1 NOTICE 2 Pursuant to Local Rule IB 3-2 any objection to this Report and Recommendation must be 3 in writing and filed with the Clerk of the Court within (14) days after service of this Notice. The 4 Supreme Court has held that the courts of appeal may determine that an appeal has been waived 5 due to the failure to file objections within the specified time. Thomas v. Arn, 474 U.S. 140, 142 (1985), reh’g denied, 474 U.S. 1111 (1986). The Ninth Circuit has also held that (1) failure to 6 file objections within the specified time and (2) failure to properly address and brief the 7 objectionable issues waives the right to appeal the District Court’s order and/or appeal factual 8 issues from the order of the District Court. Martinez v. Ylst, 951 F.2d 1153, 1157 (9th Cir. 1991); 9 Britt v. Simi Valley United Sch. Dist., 708 F.2d 452, 454 (9th Cir. 1983). 10

11 DATED: September 16, 2024 12

13 DANIEL J. ALBREGTS UNITED STATES MAGISTRATE JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27