O'Brien v. Wynn Las Vegas, LLC

Filing 10

ORDER. IT IS ORDERED that 9 the magistrate judge's report and recommendation is ADOPTED in full. IT IS FURTHER ORDERED THAT this case is dismissed for lack of subject-matter jurisdiction. Signed by Judge Jennifer A. Dorsey on 1/3/2020. (Copies have been distributed pursuant to the NEF - JQC)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

3 Brenna O’Brien,
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Case No. 2:17-cv-02801-JAD-DJA

Plaintiff
v.

Order Adopting Report and
Recommendation and Dismissing Case

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Wynn Las Vegas, LLC,
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Defendant

[ECF No. 9]

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Brenna O’Brien brings this action against her former employer, Wynn Las Vegas, LLC,

10 for defamation, intentional infliction of emotional distress, and negligence. Because she was
11 granted in forma pauperis status, the court screened her complaint; upon doing so, it dismissed
12 her complaint with a detailed explanation of its deficiencies and gave O’Brien leave to amend. 1
13 Though O’Brien filed an amended complaint, 2 it lacks allegations that would invoke this court’s
14 limited, federal jurisdiction; indeed, its allegations demonstrate that this court lacks jurisdiction
15 to resolve O’Brien’s claims. So Magistrate Judge Albregts recommends that I dismiss this action
16 with prejudice. The deadline for objections to that recommendation passed without objection or
17 any request to extend the deadline to file one. “[N]o review is required of a magistrate judge’s
18 report and recommendation unless objections are filed.” 3
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IT IS THEREFORE ORDERED that the magistrate judge’s report and recommendation

20 [ECF No. 9] is ADOPTED in full;
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ECF No. 4.

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ECF No. 8.

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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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IT IS FURTHER ORDERED THAT this case is dismissed for lack of subject-matter

2 jurisdiction. The Clerk of Court is directed to ENTER JUDGMENT ACCORDINGLY and
3 CLOSE THIS CASE.
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Dated: January 3, 2020

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_________________________________
U.S. District Judge Jennifer A. Dorsey

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