Wiggins v. Cosmopolitan Casino of Las Vegas

Filing 22

ORDER that plaintiff Wigginss Motion To Receive Relief 16 is DENIED. Signed by Magistrate Judge Cam Ferenbach on 4/2/12. (Copies have been distributed pursuant to the NEF - ECS)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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Plaintiff,
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v.
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COSMOPOLITAN CASINO OF LAS VEGAS, )
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Defendant.
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JAMES WIGGINS, III,

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ORDER

Before the court is pro se plaintiff James Wiggins, III’s Motion To Receive Relief. (#16).

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2:11-cv-01815-ECR -VCF

Defendants filed a Response. (#20).

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On November 18, 2011, the Clerk of the Court filed plaintiff’s pro se civil rights complaint.

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(#5). In plaintiff’s complaint, he asserts allegations against Cosmopolitan Casino of Las Vegas for (1)

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wrongful termination, (2) negligence in allowing harassment, and (3) “dish-room violence.” Id. On

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January 27, 2012, defendants filed a motion to dismiss plaintiff’s complaint with prejudice. (#8).

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Plaintiff filed the instant motion on March 21, 2012. (#16). In plaintiff’s motion, he seeks to

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“receive relief from Cosmopolitan Casino of Las Vegas for job discrimination,” and asserts that he

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opposes “paying their legal fees when they know [he] cannot afford them even if [he] had work.” Id.

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As an initial matter, defendants have not asked plaintiff to pay their legal fees. See (#8 and #13).

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Plaintiff’s request for relief in this respect is denied. With regard to plaintiff’s request for relief from

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Cosmopolitan Casino of Las Vegas for job discrimination, if plaintiff is seeking to add additional claims

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or factual allegations to his complaint, he must seek leave of the court to file an amended complaint.

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More than 21 days have passed since defendant filed its motion to dismiss. See Federal Rule of Civil

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Procedure 15(a)(1) and (2).

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...

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...

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Accordingly, and for good cause shown,

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IT IS ORDERED that plaintiff Wiggins’s Motion To Receive Relief (#16) is DENIED.

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DATED this 2nd day of April, 2012.

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CAM FERENBACH
UNITED STATES MAGISTRATE JUDGE

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