Middleton Jr. v. NV Energy et al
ORDER. IT IS ORDERED that the Magistrate Judge's Report and Recommendation 29 entered July 6, 2020, are ADOPTED and AFFIRMED; IT IS FURTHER ORDERED that Plaintiff's Motion to Remand 11 is DENIED because he is factually incorrect abou t which Defendant removed the action; IT IS FURTHER ORDERED that Plaintiff's action is dismissed with prejudice for Plaintiff's failure to submit to the authority of the court, particularly orders 16 , 24 ; IT IS FURTHER ORDERED that De fendant's Motion to Dismiss 13 is DENIED as moot; IT IS FURTHER ORDERED that the Clerk of the Court enter JUDGMENT for Defendants and against Plaintiff. Signed by Judge Kent J. Dawson on 1/6/2021. (Copies have been distributed pursuant to the NEF - HAM)
Case 2:20-cv-00638-KJD-VCF Document 34 Filed 01/06/21 Page 1 of 2
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
ERVIN MIDDLETON JR.,
Case No. 2:20-cv-00638-KJD-VCF
NV ENERGY, et al.,
Before the Court for consideration is the Report and Recommendation (#29) of
Magistrate Judge Cam Ferenbach entered July 6, 2020, recommending that the Court dismiss
Plaintiff’s complaint as a sanction for failing to prosecute and failure to abide by the orders of
the Court. Plaintiff filed a document (#32) titled “Response to Wrongdoer’s June 29, 2020 Filing
and Notice of Void Order[.]”
The Court has conducted an extensive de novo review of the record in this case in
accordance with 28 U.S.C. § 636(b)(1) and LR IB 3-2. On June 11, 2020, the Court held a
telephonic case management conference, in accordance with Federal Rule of Civil Procedure
16(a). Plaintiff Ervin Middleton failed to appear at the hearing on June 11, 2020. (#23). The
Court entered an order scheduling a show cause hearing for 1:00 PM, July 6, 2020. (#24).
Middleton was ordered to file with the court, by June 30, 2020, a response showing cause as to
why he should not be sanctioned for failing to comply with court order, and to make an
appearance at the show cause hearing on July 6, 2020. No response was filed. On July 6, 2020,
the Court held a show cause hearing and Middleton failed to appear. Plaintiff’s response to the
report and recommendation does not explain his failure to respond or appear, other than stating
that he is not subject to the authority of the magistrate judge. Middleton is the only “wrongdoer”
in this case. The authority of the magistrate judge is evident from statute and Local Rule. The
Case 2:20-cv-00638-KJD-VCF Document 34 Filed 01/06/21 Page 2 of 2
Court determines that the Report and Recommendation (#29) of the United States Magistrate
Judge entered July 6, 2020, should be ADOPTED and AFFIRMED.
IT IS THEREFORE ORDERED that the Magistrate Judge’s Report and
Recommendation (#29) entered July 6, 2020, are ADOPTED and AFFIRMED;
IT IS FURTHER ORDERED that Plaintiff’s Motion to Remand is DENIED because he
is factually incorrect about which Defendant removed the action;
IT IS FURTHER ORDERED that Plaintiff’s action is dismissed with prejudice for
Plaintiff’s failure to submit to the authority of the court, particularly orders (#16/24);
IT IS FURTHER ORDERED that Defendant’s Motion to Dismiss (#13) is DENIED as
IT IS FURTHER ORDERED that the Clerk of the Court enter JUDGMENT for
Defendants and against Plaintiff.
Dated this 6th day of January, 2021.
Kent J. Dawson
United States District Judge
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