Washington v. Division of Welfare and Supportive Services - Nevada, Cambridge

Opinion

UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 *** 4 Melvin Washington, 5 Case No. 2:23-cv-01035-ART-VCF Plaintiff, 6 vs. ORDER

7 Division of Welfare and Supportive Services - APPLICATION TO PROCEED IN FORMA PAUPERIS Nevada, Cambridge, (EFC NO. 1) 8 Defendant. 9

10 I ordered plaintiff to either file an in forma pauperis application on the Court’s approved long 11 form or pay the filing fee by Monday, August 21, 2023. ECF No. 3. The deadline has passed, and 12 plaintiff has not filed anything or paid the filing fee. In my earlier order, I warned plaintiff that, 13 “[f]ailure to comply with this rule may result in dismissal of the action.” Id. Since plaintiff has not 14 commenced this action, I order that this case be administratively closed. 15 ACCORDINGLY, 16 I ORDER that the Clerk of Court is directed to administratively CLOSE this case. 17 NOTICE 18 Pursuant to Local Rules IB 3-1 and IB 3-2, a party may object to orders and reports and 19 20 recommendations issued by the magistrate judge. Objections must be in writing and filed with the Clerk 21 of the Court within fourteen days. LR IB 3-1, 3-2. The Supreme Court has held that the courts of appeal 22 may determine that an appeal has been waived due to the failure to file objections within the specified 23 time. Thomas v. Arn, 474 U.S. 140, 142 (1985). This circuit has also held that (1) failure to file 24 objections within the specified time and (2) failure to properly address and brief the objectionable issues 25 waives the right to appeal the District Court's order and/or appeal factual issues from the order of the District Court. Martinez v. YIst, 951 F.2d 1153, 1157 (9th Cir. 1991); Britt v. Simi Valley United Sch.

5 Dist., 708 F.2d 452, 454 (9th Cir. 1983). Pursuant to LR IA 3-1, plaintiffs must immediately file written

3 || notification with the court of any change of address. The notification must include proof of service upon 4 opposing party’s attorney, or upon the opposing party if the party is unrepresented by counsel. 5 || Failure to comply with this rule may result in dismissal of the action. 6 IT IS SO ORDERED. 7 DATED this 22nd day of August 2023. a Le . Load ecto 9 CAM FERENBACH UNITED STATES MAGISTRATE JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25