McClung v. Aztec Inn Casino Ltd

Filing 7

ORDER REGARDING REPORT AND RECOMMENDATIONS Accepting and Adopting 6 Report and Recommendation. Plaintiff's claims are dismissed. Signed by Judge Jennifer A. Dorsey on 7/13/2017. (Copies have been distributed pursuant to the NEF - JM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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Shawn W. McClung,

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2:16-cv-00382-JAD-CWH

Plaintiff

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v.

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Order Adopting Report and
Recommendation and
Dismissing Case

Aztec Inn Casino, Ltd.,

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[ECF No. 6]

Defendant

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Shawn McClung brings this civil-rights action against Aztec Inn Casino, Ltd., for alleged

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violations of the Americans with Disabilities Act, and he also applied to proceed in forma pauperis.1

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Magistrate Judge Hoffman denied McClung’s application to proceed in forma pauperis and ordered

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McClung to pay the filing and administrative fees by June 16, 2017.2 Judge Hoffman warned that if

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McClung failed to comply with the order, he would recommend dismissal of this case without

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prejudice.3 McClung failed to comply with this order and as a result, Magistrate Judge Hoffman now

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recommends that this case be dismissed without prejudice.4
The report and recommendation was entered June 21, 2017, making July 5, 2017, the

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deadline to file an objection. McClung has not filed any objection to the report and

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recommendation. “[N]o review is required of a magistrate judge’s report and recommendation

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unless objections are filed.”5

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ECF Nos. 1, 1-1.

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ECF No. 4.

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Id.

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ECF No. 6.

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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).

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Accordingly, with good cause appearing and no reason to delay, IT IS HEREBY ORDERED

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that Magistrate Judge Hoffman’s report and recommendation [ECF No. 6] is ACCEPTED and

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ADOPTED; and McClung’s claims are DISMISSED. The Clerk of Court is directed to CLOSE

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THIS CASE.

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DATED July 13, 2017.

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_________________________________
Jennifer A. Dorsey
United States District Judge

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