Middleton Jr. v. NV Energy et al

Filing 35

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)

Download PDF
Case 2:20-cv-00638-KJD-VCF Document 35 Filed 01/06/21 Page 1 of 2 1 2 3 4 UNITED STATES DISTRICT COURT 5 DISTRICT OF NEVADA 6 *** 7 ERVIN MIDDLETON JR., 8 9 10 Case No. 2:20-cv-00638-KJD-VCF Plaintiff, ORDER v. NV ENERGY, et al., 11 Defendants. 12 Before the Court for consideration is the Report and Recommendation (#33) of 13 Magistrate Judge Cam Ferenbach entered August 13, 2020, recommending that the Court grant 14 Defendant’s motion to sanction Plaintiff and that he be declared a vexatious litigant. The report 15 and recommendation further recommend that Plaintiff be required to seek leave of the Court 16 before filing any additional actions in the District of Nevada. Though the time for doing so has 17 passed, Plaintiff has failed to file any objections to the Report and Recommendation. 18 The Court has conducted an extensive de novo review of the record in this case in 19 accordance with 28 U.S.C. § 636(b)(1) and LR IB 3-2. The Court reviewed the docket and orders 20 in each of the eighteen (18) cases cited by the magistrate judge in his report and 21 recommendation. The Court finds that Defendant is indeed a vexatious litigant whose filings 22 must be reviewed by the Court before they are served. The Court determines that the Report and 23 Recommendation (#33) of the United States Magistrate Judge entered August 13, 2020, should 24 be ADOPTED and AFFIRMED. 25 26 27 28 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 GRANTED; Case 2:20-cv-00638-KJD-VCF Document 35 Filed 01/06/21 Page 2 of 2 1 IT IS FURTHER ORDERED that Plaintiff may only file new civil actions in the District 2 of Nevada after the complaint has been screened by the appropriate judicial authority. 3 6th Dated this _____ day of January, 2021. 4 5 6 7 _____________________________ Kent J. Dawson United States District Judge 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2-

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?