Pennington et al v. Sunrise Service and Transport et al

Filing 29

ORDER AFFIRMING AND ADOPTING in its entirety 25 Magistrate Judge's Report and Recommendation; Granting 26 Mary Riggs' Renunciation of Special Administration; and Granting without prejudice 27 Defendants' Motion to Dismiss for Lack of Prosecution. IT IS FURTHER ORDERED that the Clerk of Court shall enter judgment accordingly. Signed by Judge Larry R. Hicks on 10/29/09. (Copies have been distributed pursuant to the NEF - EDS)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 Before the court is the Report and Recommendation of United States Magistrate Judge 15 Peggy A. Leen (Doc. #251) entered on July 30, 2009. Also before the court is Executor Mary Riggs' 16 ("Riggs") Renunciation of Special Administrator (Doc. #26) and defendants' Motion to Dismiss for 17 Want of Prosecution and/or in Accordance with Magistrate's Recommendations (Doc. #27). 18 19 20 failed to comply the court's May 21, 2009 order directing plaintiffs to either retain counsel or file a 21 22 23 dismissed for failure to prosecute. Doc. #25. Upon review of the report and recommendation in 24 accordance with the requirements of 28 U.S.C. § 636 and applicable case law, and there being no 25 26
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UNITED STATES DISTRICT COURT DISTRICT OF NEVADA ***** KYLE JAMES PENNINGTON, et al., ) ) Plaintiffs, ) ) v. ) ) SUNRISE SERVICE & TRANSPORT, et al., ) ) Defendants. ) )

2:08-cv-01046-LRH-PAL ORDER

Report and Recommendation On July 7, 2009, the court issued an order to show cause (Doc. #24) as to why plaintiffs

notice with the court that they would be appearing pro se (Doc. #23). After plaintiffs failed to respond, the magistrate judge issued the present report and recommendation that plaintiffs' complaint be

Refers to the court's docket number.

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objections filed, the court affirms and adopts the report and recommendation in its entirety. Renunciation of Special Administration Executor Mary Riggs is the appointed special administrator for the Estate of Christopher Pennington. Riggs has requested leave to renounce her appointment due to the withdrawal of plaintiffs' attorney of record and the combined lack of communication with the surviving heirs of the estate and their failure to comply with the court's orders. See Doc. #26. Good cause appearing, Rigg's request to renounce her special appointment is granted. Motion to Dismiss Defendants have moved to dismiss plaintiffs' complaint for failure to prosecute in accordance with the magistrate judge's report and recommendation. (Doc. #27). Plaintiffs were ordered on multiple occasions to either retain new counsel or file a notice with the court that they would proceeding pro se. See Doc. ##23, 24. Despite ample opportunities, plaintiffs have failed to comply with any of the court's prior orders. Furthermore, the plaintiffs have shown an unwillingness to participate in the litigation. Accordingly, the court finds that plaintiffs' complaint should be dismissed for failure to prosecute. \ \ \ \ \ \ \ \ \ \ 2

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IT IS THEREFORE ORDERED that the magistrate judge's report and recommendation (Doc. #25) is AFFIRMED and ADOPTED in its entirety. IT IS FURTHER ORDERED that Mary Rigg's renunciation of special administration

4 (Doc.. #26) is GRANTED. (Doc #27) 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 3 _______________________________ LARRY R. HICKS UNITED STATES DISTRICT JUDGE IT IS FURTHER ORDERED that defendants' motion to dismiss for lack of prosecution (Doc. #27) is GRANTED. The complaint is DISMISSED without PREJUDICE. IT IS FURTHER ORDERED that the clerk of court shall enter judgment accordingly. IT IS SO ORDERED. DATED this 29th day of October, 2009.