Wheeler v. The Whiting-Turner Contracting Company

Opinion

DISTRICT OF NEVADA

Antonio Wheeler, Case No. 2:24-cv-00642-CDS-MDC

Plaintiff Order Adopting Magistrate Judge’s Report and Recommendation and Closing Case v.

The Whiting-Turner Contracting Company, [ECF No. 5] et al., Defendants

On May 28, 2024, Magistrate Judge Maximiliano D. Couvillier, III, denied pro se plaintiff Antonio Wheeler’s in forma pauperis (“IFP”) application and ordered Wheeler to either pay the filing fee or file a new IFP application. Order, ECF No. 4. In that order, Judge Couvillier noted that Wheeler is a frequent filer in this Court and cautioned him that his behavior is bordering on vexatious.1 Id. at 1. Wheeler had until June 11, 2024, to comply with that order. Id. at 3. Wheeler failed to do so. As a result, on August 2, 2024, Judge Couvillier issued a report and recommendation (R&R) that this case should be dismissed. R&R, ECF No. 5. Wheeler had until August 16, 2024, to file to file any objections to the R&R. LR IB 3-2(a) (stating that parties wishing to object to an R&R must file objections within fourteen). See also 28 U.S.C. § 636(b)(1)(C) (same). As of the date of this order, Wheeler has neither objected to the R&R nor requested more time to do so. And “no review is required of a magistrate judge’s report and recommendation unless objections are filed.” Schmidt v. Johnstone, 263 F. Supp. 2d 1219, 1226 (D. Ariz. 2003). See also Thomas v. Arn, 474 U.S. 140, 150 (1985); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003). Therefore, I adopt the R&R in full and dismiss this action without prejudice.

1 The Ninth Circuit has defined vexatious litigation as “‘without reasonable or probable cause or excuse, harassing, or annoying.’” Microsoft Corp. v. Motorola, Inc., 696 F.3d 872, 886 (9th Cir. 2012) (quoting Black’s Law Dictionary 1701 (9th ed. 2009)) Conclusion Therefore, Judge Couvillier’s R@R [ECF No. 5] is adopted in its entirety, so this action lis now dismissed without prejudice. The Clerk of Court is kindly instructed to enter judgment accordingly and to close this Dated: September 9, 2024 jy [ Cristina D. Silva ee States District Judge (

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