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Young v. Gage

United States District Court, D. Nevada

June 17, 2014

ROBERT A. YOUNG, Plaintiff,
v.
LOU GAGE, et al., Defendants.

REPORT AND RECOMMENDATION OF U.S. MAGISTRATE JUDGE

VALERIE P. COOKE, Magistrate Judge.

This report and recommendation is made to the Honorable Miranda M. Du, United States District Judge. The action was referred to the undersigned Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and the Local Rules of Practice, LR IB 1-4.

Plaintiff filed a civil rights complaint pursuant to 42 U.S.C. § 1983 (#1). However, plaintiff failed to submit a request to proceed in forma pauperis or pay the filing fee.

On May 14, 2014, the court ordered plaintiff to either submit an application to proceed in forma pauperis or pay the full filing fee on or before June 6, 2014 (#5). Plaintiff was cautioned that failure to do so would result in a recommendation to the District Court to dismiss this action. Id. Plaintiff failed to respond to this court's order.

Based upon the foregoing, the undersigned magistrate judge recommends that this action be dismissed without prejudice.

The parties should be aware of the following:

1. They may file, pursuant to 28 U.S.C. § 636(b)(1)(C) and Rule IB 3-2 of the Local Rules of Practice, specific written objections to this Report and Recommendation within fourteen (14) days of receipt. These objections should be titled "Objections to Magistrate Judge's Report and Recommendation" and should be accompanied by points and authorities for consideration by the District Court.

2. This Report and Recommendation is not an appealable order, and any notice of appeal pursuant to Rule 4(a)(1), Fed. R. App. P., should not be filed until entry of the District Court's judgment.

RECOMMENDATION

For the reason stated above, the undersigned Magistrate Judge recommends that the District Court enter an order DISMISSING this action without prejudice.


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