Wheeler v. Astral Hotels Las Vegas Inc. ( 2024 )

1 2 3 4 5 UNITED STATES DISTRICT COURT 6 DISTRICT OF NEVADA 7 8 ANTONIO WHEELER, et al., Case No. 2:24-cv-00564-JAD-NJK 9 Plaintiffs, ORDER ADOPTING REPORT & RECOMMENDATION AND 10 v. DISMISSING CASE 11 ASTRAL HOTELS LAS VEGAS, INC., et al., ECF Nos. 2, 5, 7 12 Defendants. 13 14 On September 23, 2024, the magistrate judge entered this report and recommendation: 15 On August 22, 2024, the Court ordered Plaintiff Antonio Wheeler to show cause in writing 16 why the underlying case should not be dismissed for lack of subject matter jurisdiction. 17 Docket No. 18. Plaintiff failed to do so. The Court expressly warned “FAILURE TO 18 COMPLY WITH THIS ORDER MAY RESULT IN DISMISSAL OF THIS CASE.” Id. 19 (emphasis added). To date, Plaintiff has failed to comply with that order. 20 Plaintiff has disobeyed the Federal Rules of Civil Procedure and the Court’s orders 21 requiring that the Court has a duty to ensure it has subject matter jurisdiction over the dispute 22 before it. Plaintiff’s failure to establish subject matter jurisdiction and his disobedience of the 23 Court’s orders are abusive litigation practices that have interfered with the Court’s ability to 24 hear this case, delated litigation, disrupted the Court’s timely management of its docket, wasted 25 judicial resources, and threatened the integrity of the Court’s orders and the orderly 26 administration of justice. Sanctions less drastic than dismissal are unavailable because 27 Plaintiff has refused to comply with the orders of this Court notwithstanding the warning that 28 case-dispositive sanctions may be imposed. ] Accordingly, in light of the circumstances outline above, the undersigned 2| RECOMMENDS that this case be DISMISSED without prejudice. ° ORDER ADOPTING REPORT & RECOMMENDATION The deadline for any party to object to this recommendation was October 7, 2024, 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, 328 F.3d 1114, 1121 (9th Cir. 2003). Having reviewed the report and recommendation, I find good cause to adopt it, and I do. IT IS THEREFORE ORDERED that ° the Magistrate Judge’s Report and Recommendation [ECF No. 7] is ADOPTED in its entirety, 0 THIS CASE IS DISMISSED, and all pending motions and applications [ECF Nos. 2, 5] are " DENIED as moot. The Clerk of Court is directed to ENTER JUDGMENT accordingly and 2 CLOSE THIS CASE. “ioe 5 US. District Judge Jennifer 4X Dorsey _ 14 Dated: October 8, 2024 15 16 17 18 19 20 21 22 23 24 25 26 27 28