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

Opinion

UNITED STATES DISTRICT COURT DISTRICT OF NEVADA * * * Melvin Washington, Case No. 2:23-cv-00910-GMN-DJA Plaintiff, Report and Recommendation v. Division of Welfare and Supportive Services – Nevada, Cambridge,

Defendant.

On June 28, 2024, the Court gave Plaintiff an additional chance to accomplish service and ordered Plaintiff to do so by July 29, 2024. (ECF No. 24). The Court explained that “[f]ailure to comply with this order will result in a recommendation of dismissal to the district judge.” (Id.). To date, Plaintiff has not filed anything further in this action.

Accordingly, the undersigned RECOMMENDS that this case be DISMISSED without prejudice. The Clerk of Court is kindly directed to send this recommendation to Plaintiff.

NOTICE Pursuant to Local Rule IB 3-2 any objection to this Report and Recommendation must be in writing and filed with the Clerk of the Court within (14) days after service of this Notice. The Supreme Court has held that the courts of appeal 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), reh’g denied, 474 U.S. 1111 (1986). The Ninth Circuit has also held that (1) failure to file objections within the specified time and (2) failure to properly address and brief the objectionable issues waives the right to appeal the District Court’s order and/or appeal factual issues from the order of the District Court. Martinez v. Ylst, 951 F.2d 1153, 1157 (9th Cir. 1991); Britt v. Simi Valley United Sch. Dist., 708 F.2d 452, 454 (9th Cir. 1983). DATED: July 31, 2024

UNITED STATES MAGISTRATE JUDGE