Britton v. Walmart Stores East, LP et al

Filing 41

ORDER ADOPTING 37 REPORT AND RECOMMENDATIONS and granting 32 Motion to Dismiss by Chief Judge Ralph R. Erickson. The case is dismissed without prejudice.(SH)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NORTH DAKOTA
Coozie Britton, Jr.,
Plaintiff,

Case No. 2:15-cv-96

-vs-

ORDER ADOPTING REPORT AND
RECOMMENDATION

Walmart Stores East, LP,
Defendant.
Pursuant to 28 U.S.C. § 636, the court has received a Report and Recommendation
from the Honorable Alice R. Senechal, United States Magistrate Judge.1 The Report and
Recommendation recommends that Defendant Walmart Stores East, LP’s motion to dismiss
be granted and Plaintiff Coozie Britton, Jr.’s suit be dismissed without prejudice. The
recommended grounds for dismissal are two-fold: (1) venue is improper in this court; and
(2) Britton has failed to state a claim for discrimination. Britton filed objections to the
Report and Recommendation, asserting the magistrate judge failed to consider evidence in
the record that would establish a prima facie claim for discrimination.2 Britton, however,
has pointed to nothing in the record to establish that venue is proper in this court.
After reviewing the record and the magistrate judge’s Report and Recommendation,
the court finds the magistrate judge’s analysis of the motion and recommendations for
disposition is appropriate. Britton has not persuaded the undersigned that he has
presented sufficient facts to state a plausible discrimination claim. More importantly,
venue is improper, as the Walmart store at issue is not in North Dakota, none of the alleged

1

Doc. #37.

2

Doc. #40.

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unlawful conduct took place in North Dakota, and none of the employment records at issue
are maintained or administered in North Dakota. Accordingly, the court hereby adopts the
Report and Recommendation in its entirety. Defendant’s motion to dismiss is GRANTED.
This case is hereby dismissed without prejudice.
IT IS SO ORDERED.
LET JUDGMENT BE ENTERED ACCORDINGLY.
Dated this 25th day of August, 2016.
/s/ Ralph R. Erickson
Ralph R. Erickson, Chief Judge
United States District Court

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