Summary
This United States District Court for the District of Nevada order adopts a magistrate judge’s report and recommendation to dismiss the case. The court determined that the pro se plaintiff abandoned her action by failing to file an amended complaint within the court-directed deadline. Accordingly, the district judge adopted the recommendation, dismissed the case, and directed the clerk to enter judgment.
Topics
Practice areas
Questions Presented
- Whether the district court should dismiss the case for plaintiff's failure to prosecute and file an amended complaint.
Holdings
- The court dismissed the case because the plaintiff abandoned the action by failing to file an amended complaint as directed.
Key quotations
“IT IS ORDERED that the Clerk of Court is directed to randomly assign a district judge to this Case.”
“IT IS THEREFORE ORDERED that the Magistrate Judge’s Report and Recommendation ... is ADOPTED in its entirety. This case is DISMISSED, and the Clerk of Court is directed to ENTER JUDGMENT accordingly.”
Factual background
Plaintiff Brittney D. Brooks filed a pro se complaint in the District of Nevada. The court granted her in forma pauperis status and, after screening, dismissed the complaint without prejudice, giving her until April 22, 2025, to file an amended complaint. She failed to do so, and the magistrate judge recommended dismissal. The district court adopted the recommendation and dismissed the case.
Procedural history
The court previously granted plaintiff Brittney D. Brooks’s application to proceed in forma pauperis, screened the complaint and dismissed it without prejudice with leave to amend. Plaintiff did not file an amended complaint by the deadline, leading the magistrate to recommend dismissal. The district court adopted the recommendation and entered a dismissal order.