Middleton Jr. v. NV Energy et al
ORDER adopting 33 Report and Recommendation; ORDER granting 25 Defendant's Motion to Sanction Plaintiff; IT IS FURTHER ORDERED that Plaintiff may only file new civil actions in the District of Nevada after the complaint has been screened by the appropriate judicial authority. 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 35 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 (#33) of
Magistrate Judge Cam Ferenbach entered August 13, 2020, recommending that the Court grant
Defendant’s motion to sanction Plaintiff and that he be declared a vexatious litigant. The report
and recommendation further recommend that Plaintiff be required to seek leave of the Court
before filing any additional actions in the District of Nevada. Though the time for doing so has
passed, Plaintiff has failed to file any objections to the Report and Recommendation.
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. The Court reviewed the docket and orders
in each of the eighteen (18) cases cited by the magistrate judge in his report and
recommendation. The Court finds that Defendant is indeed a vexatious litigant whose filings
must be reviewed by the Court before they are served. The Court determines that the Report and
Recommendation (#33) of the United States Magistrate Judge entered August 13, 2020, should
be ADOPTED and AFFIRMED.
IT IS THEREFORE ORDERED that the Magistrate Judge’s Report and
Recommendation (#33) entered August 13, 2020, are ADOPTED and AFFIRMED;
IT IS FURTHER ORDERED that Defendant’s Motion to Sanction Plaintiff (#25) is
Case 2:20-cv-00638-KJD-VCF Document 35 Filed 01/06/21 Page 2 of 2
IT IS FURTHER ORDERED that Plaintiff may only file new civil actions in the District
of Nevada after the complaint has been screened by the appropriate judicial authority.
Dated this _____ day of January, 2021.
Kent J. Dawson
United States District Judge
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