Middleton Jr. v. NV Energy et al

Filing 34

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

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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ERVIN MIDDLETON JR.,

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Case No. 2:20-cv-00638-KJD-VCF
Plaintiff,

ORDER

v.
NV ENERGY, et al.,

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Defendants.

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Before the Court for consideration is the Report and Recommendation (#29) of

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Magistrate Judge Cam Ferenbach entered July 6, 2020, recommending that the Court dismiss

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Plaintiff’s complaint as a sanction for failing to prosecute and failure to abide by the orders of

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the Court. Plaintiff filed a document (#32) titled “Response to Wrongdoer’s June 29, 2020 Filing

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and Notice of Void Order[.]”

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The Court has conducted an extensive de novo review of the record in this case in

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accordance with 28 U.S.C. § 636(b)(1) and LR IB 3-2. On June 11, 2020, the Court held a

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telephonic case management conference, in accordance with Federal Rule of Civil Procedure

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16(a). Plaintiff Ervin Middleton failed to appear at the hearing on June 11, 2020. (#23). The

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Court entered an order scheduling a show cause hearing for 1:00 PM, July 6, 2020. (#24).

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Middleton was ordered to file with the court, by June 30, 2020, a response showing cause as to

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why he should not be sanctioned for failing to comply with court order, and to make an

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appearance at the show cause hearing on July 6, 2020. No response was filed. On July 6, 2020,

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the Court held a show cause hearing and Middleton failed to appear. Plaintiff’s response to the

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report and recommendation does not explain his failure to respond or appear, other than stating

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that he is not subject to the authority of the magistrate judge. Middleton is the only “wrongdoer”

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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

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Court determines that the Report and Recommendation (#29) of the United States Magistrate

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Judge entered July 6, 2020, should be ADOPTED and AFFIRMED.
IT IS THEREFORE ORDERED that the Magistrate Judge’s Report and

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Recommendation (#29) entered July 6, 2020, are ADOPTED and AFFIRMED;
IT IS FURTHER ORDERED that Plaintiff’s Motion to Remand is DENIED because he

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is factually incorrect about which Defendant removed the action;
IT IS FURTHER ORDERED that Plaintiff’s action is dismissed with prejudice for

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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

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moot;
IT IS FURTHER ORDERED that the Clerk of the Court enter JUDGMENT for
Defendants and against Plaintiff.
Dated this 6th day of January, 2021.

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_____________________________
Kent J. Dawson
United States District Judge

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