O'Brien v. Project W

Filing 5

ORDER denying 1 Motion/Application for Leave to Proceed in forma pauperis; ORDER consolidating cases. All future filings should be made in case 2:17-cv-02801-JAD-DJA only. Signed by Judge Jennifer A. Dorsey on 9/30/2019. (Copies have been distributed pursuant to the NEF - JM)

1

UNITED STATES DISTRICT COURT

2

DISTRICT OF NEVADA

3 Brenna O’Brien,
4

Plaintiff

Case No. 2:17-cv-02801-JAD-DJA
consolidated with 2:17-cv-02802-JAD-CWH

v.
5
Wynn Las Vegas, LLC,
6
Defendant

Order Adopting Report and
Recommendation and Dismissing
Complaint with Leave to Amend
by October 21, 2019

7
[ECF No. 4]
8
9

Pro se plaintiff Brenna O’Brien brings this employment-discrimination case based on

10 events that she claims occurred while she was a server at the La Cave restaurant inside the Wynn
11 Las Vegas Resort. Magistrate Judge Hoffman screened O’Brien’s complaint and recommends
12 that I dismiss it with leave to amend. 1 He further recommends that I consolidate case number
13 2:17-cv-02802-JAD-CWH into this one. The deadline for objections to that recommendation
14 passed without objection or any request to extend the deadline to file one. “[N]o review is
15 required of a magistrate judge’s report and recommendation unless objections are filed.” 2
16

IT IS THEREFORE ORDERED that the magistrate judge’s report and recommendation

17 [ECF No. 4] is ADOPTED in full;
18

IT IS FURTHER ORDERED that case number 2:17-cv-02802-JAD-CWH is

19 CONSOLIDATED into this one with this case as the lead case, and the motion for leave to
20 proceed in forma pauperis in that case [ECF No. 1 in 2:17-cv-02802-JAD-CWH] is DENIED
21
22
1

23

2

ECF No. 4.

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).

1 as moot. All future filings should be made in this case—2:17-cv-02801-JAD-CWH—only, as
2 this is now the lead case;
3

IT IS FURTHER ORDERED that O’Brien’s complaint is DISMISSED without

4 prejudice and with leave to amend by October 21, 2019, if she can cure the deficiencies outlined
5 in the Report and Recommendation [ECF No. 4]. If O’Brien chooses to file an amended
6 complaint, she must file the “Instructions for amendment” on pages 5–6 of the Report and
7 Recommendation. If O’Brien does not file an amended complaint by October 21, 2019, this
8 case will be dismissed and closed without further notice.
9

The Clerk of Court is directed to SEND O’Brien a copy of the Report and

10 Recommendation [ECF No. 4] along with this order.
11

Dated: September 30, 2019

12

_________________________________
__________ ______
_ __ _____ _
U.S. District Judge Jennifer A. Dorsey
Judge
ct Judg Jennifer A.
if
if r

13
14
15
16
17
18
19
20
21
22
23

2