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Dello v. United States

United States District Court, D. Nevada

December 15, 2014

CHRISTY J. DELLO, Plaintiff,
v.
UNITED STATES, Defendants

Christy Joseph Dello, Plaintiff, Pro se, Henderson, NV.

REPORT AND RECOMMENDATION

NANCY J. KOPPE, UNITED STATES MAGISTRATE JUDGE.

This matter is before the Court on Plaintiff's failure to comply with the Court's Order (Docket No. 4). On November 5, 2014, the Court granted Plaintiff's request pursuant to 28 U.S.C. § 1915 to proceed in forma pauperis . Docket No. 4. The Court further screened the redacted Complaint pursuant to 28 U.S.C. § 1915(e)(2). Id. The Court found that the redacted Complaint failed to sufficiently allege federal subject matter jurisdiction existed and allowed Plaintiff an opportunity to amend his redacted Complaint, no later than December 3, 2014. Id. The Order advised Plaintiff that failure to comply would result in a recommendation to the District Judge for dismissal. Id., at 4. Plaintiff has neither complied nor requested an extension of time in which to comply. See Docket.

Accordingly, IT IS RECOMMENDED that this action be DISMISSED without prejudice to Plaintiff's ability to commence a new action in which he either pays the appropriate filing fee in full or submits a completed application to proceed in forma pauperis .

IT IS FURTHER RECOMMENDED that the Clerk of the Court enter judgment accordingly.

NOTICE

These findings and recommendations are submitted to the United States District Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(1). Within fourteen days after being served with these findings and recommendations, any party may file written objections with the court. Pursuant to Local Rule of Practice (LR) IB 3-2(a), any party wishing to object to the findings and recommendations of a magistrate judge shall file and serve specific written objections together with points and authorities in support of those objections, within fourteen days of the date of service of the findings and recommendations. The document should be captioned " Objections to Magistrate Judge's Findings and Recommendations." The parties are advised that failure to file objections within the specified time may waive the right to appeal the District Court's Order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). The points and authorities filed in support of the specific written objections are subject to the page limitations found in LR IB7-4.


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