Brown v. Wynn Las Vegas and Encore Resort et al

Filing 13

ORDER that 3 Report and Recommendation is ADOPTED in full. Plaintiff shall have until August 10, 2016 to file an Amended Complaint to avoid dismissal with prejudice. Signed by Judge Richard F. Boulware, II on 7/25/16. (Copies have been distributed pursuant to the NEF - MMM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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ARETHA D. BROWN,

Case No. 2:16-cv-00156-RFB-VCF

Plaintiff,
v.

ORDER ADOPTING REPORT &
RECOMMENDATION OF
MAGISTRATE JUDGE CAM
FERENBACH

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WYNN LAS VEGAS & ENCORE
RESORT; CARRIE MESSINA, Vice
President of Human Resources,

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Defendants.

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Before the Court for consideration is the Report and Recommendation (ECF No. 3) of the
Honorable Judge Cam Ferenbach, United States Magistrate Judge. The Report and
Recommendation grants Plaintiff Brown’s application to proceed in forma pauperis and
recommends dismissing her Complaint without prejudice. For the reasons stated below the Court
adopts Judge Ferenbach’s Report and Recommendation in full.
A district court “may accept, reject, or modify, in whole or in part, the findings or
recommendations made by the magistrate.” 28 U.S.C. § 636(b)(1). A party may file specific
written objections to the findings and recommendations of a magistrate judge. 28 U.S.C. §
636(b)(1); Local Rule IB 3-2(a). When written objections have been filed, the district court is
required to “make a de novo determination of those portions of the report or specified proposed
findings or recommendations to which objection is made.” 28 U.S.C. § 636(b)(1); see also Local
Rule IB 3-2(b).

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In this case, Plaintiff filed an objection to Judge Ferenbach’s Report and Recommendation

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(ECF No. 3) on February 10, 2016. ECF No. 9. However, this Objection is not responsive to the

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grounds upon which Judge Ferenbach recommended dismissal of Plaintiff’s Complaint without

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prejudice with leave to amend to provide more detail regarding her claims that would satisfy the

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pleading requirements under Fed. R. Civ. P. 8(a). See Ashcroft v. Iqbal, 556 U.S. 662, 680 (2009);

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Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 556 (2007). The Court has reviewed the record in

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this case and concurs with the Magistrate Judge’s recommendation.

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IT IS THEREFORE ORDERED that the Report and Recommendation (ECF No. 3) is
ADOPTED in full.
Plaintiff shall have until August 10, 2016 to file an Amended Complaint to avoid dismissal
with prejudice.
DATED: July 25, 2016.

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_____________________________
RICHARD F. BOULWARE, II
UNITED STATES DISTRICT JUDGE

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