Gidney v. Clark County NV Election Department
Gidney v. Clark County NV Election Department
Trial Court Opinion
1 2 3 4 UNITED STATES DISTRICT COURT 5 DISTRICT OF NEVADA 6 MARSHALL-ALAN GIDNEY, Case No. 2:24-cv-02036-JAD-NJK 7 Plaintiff 8 v. ORDER ADOPTING REPORT 9 AND RECOMMENDATION AND CLARK COUNTY ELECTION DISMISSING CASE 10 DEPARTMENT, 11 Defendant ECF No. 10 12 On 12/5/24 the magistrate judge entered the following report and recommendation: 13 14 Although Plaintiff paid the filing fee, see Docket No. 8, Plaintiff did not file a complaint 15 with his factual allegations, cause(s) of action, statement of jurisdiction, and relief sought, but see, 16 e.g., Fed. R. Civ. P. 8(a). 17 On November 6, 2024, the Court ordered Plaintiff to file a complaint by November 20, 18 2024. Docket No. 9 at 1; see also Docket No. 5 at 2 (earlier order by United States District Judge 19 Jennifer A. Dorsey regarding the absence of a complaint). The Court warned that “[f]ailure to 20 file a complaint by this deadline may result in dismissal of this case.” Docket No. 9 at 1 21 (emphasis in original). To date, Plaintiff has not filed a complaint or otherwise responded to the 22 order. The case cannot proceed without the filing of a complaint. 23 Moreover, Plaintiff’s refusal to comply with the Court’s order is an abusive litigation 24 practice that has interfered with the Court’s ability to hear this case, delayed litigation, disrupted 25 the Court’s timely management of its docket, wasted judicial resources, and threatened the 26 integrity of the Court’s orders and the orderly administration of justice. Sanctions less drastic than 27 dismissal are unavailable because Plaintiff has refused to comply with the order of this Court 28 notwithstanding the warning that case-dispositive sanctions may be imposed. 1 Accordingly, the undersigned RECOMMENDS that this case be DISMISSED without 2|| prejudice. 3 Dated: December 5, 2024 4 g———_— EQN Nancy J.. e 5 United States Magistrate Judge 6 Order Adopting Report and Recommendation 7 The deadline for any party to object to this recommendation was 12/19/24, and no party filed anything or asked to extend the deadline to do so. “[N]o review is required of a magistrate judge’s report and recommendation unless objections are filed.” United States v. Reyna-Tapia, 10}
328 F.3d 1114, 1121(9th Cir. 2003). Having reviewed the report and recommendation, I find 11} good cause to adopt it, and I do. IT IS THEREFORE ORDERED that the Magistrate Judge’s Report and Recommendation [ECF No. 10] is ADOPTED in its entirety. This case is 13] DISMISSED without prejudice, and the Clerk of Court is directed to CLOSE it. 14
16 U.S. District hudge Jennife ia. porsey Dated: December 20, 2024 17 18 19 20 21 22 23 24 25 26 27 28
Reference
- Status
- Unknown