Kirkland v. Ballys

Filing 8

ORDER Adopting 5 Report and Recommendation. Plaintiffs Title VII retaliation claim and 42 U.S.C. § 1983 claim in the Amended Complaint are DISMISSED. Plaintiffs Title VII discrimination claim as the only surviving claim. Signed by Judge Jennifer A. Dorsey on 11/6/2013. (Copies have been distributed pursuant to the NEF - SLR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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Daniel Kirkland,
Case No.: 2:13-cv-00499-JAD-PAL

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Plaintiff

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vs.

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Bally’s Hotel and Casino,

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Order Adopting Report and
Recommendation [Doc. 5] and
Dismissing Claims from Plaintiff’s
Amended Complaint [Doc. 4]

Defendant

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Daniel Kirkland is suing Bally’s Hotel and Casino in forma pauperis for Bally’s decision not

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to hire him as a poker dealer and the Rio Casino and Hotel’s subsequent decision to discharge him

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on May 14, 2012. Doc. 4. Upon initial screening, the Court allowed Plaintiff to file an amended

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complaint, giving him a second chance to state claims upon relief which relief could be granted.

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Doc. 2. Plaintiff filed an amended complaint on May 8, 2013, Doc. 4, and after rescreening,

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Magistrate Judge Peggy Leen recommended that Plaintiff’s Title VII retaliation claim and 42 U.S.C.

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§ 1983 claim be dismissed for failure to state a cognizable claim upon which relief can be granted.

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Doc. 5 at 4. Judge Leen found that Plaintiff did state a Title VII discrimination claim and did not

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recommend dismissal on that count. See id. at 3–4. Plaintiff has filed no objection to Judge Leen’s

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Order and Report and Recommendation.

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The Court has considered Judge Leen’s Report and Recommendation and Kirkland’s

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Amended Complaint consistent with 28 U.S.C. § 636, Local Rule 3-2, and applicable case law, and

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good cause appearing:

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It is ORDERED that Judge Leen’s Report and Recommendation is ADOPTED [Doc. 5].

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It is FURTHER ORDERED that Plaintiff’s Title VII retaliation claim and 42 U.S.C. § 1983

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claim in the Amended Complaint are DISMISSED for failure to state a claim upon which relief can

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be granted, leaving Plaintiff’s Title VII discrimination claim as the only surviving claim.

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Dated November 6, 2013.

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_________________________________
Jennifer A. Dorsey
United States District Judge