Mabre v. Montego Bay Casino

• Court: District Court, D. Nevada
• Decided: March 26, 2025
• Docket: 3:25-cv-00016
• Status: Unknown

Opinion

2 UNITED STATES DISTRICT COURT 3 DISTRICT OF NEVADA 4 JOHN W. MABRE, 5 Plaintiff, Case No. 3:25-CV-00016-ART-CLB 6 v. ORDER ADOPTING REPORT AND 7 MONTEGO BAY CASINO, RECOMMENDATION

8 Defendant.

9 10 Plaintiff John W. Mabre brings this action against Montego Bay Casino, 11 asserting disability discrimination claims. Before the Court is Mabre’s motion to 12 proceed in forma pauperis (“IFP”) (ECF No. 1) and Magistrate Judge Carla 13 Baldwin’s report and recommendation (R&R) (ECF No. 4). The R&R recommends 14 that the Court grant Mabre’s IFP application and dismiss his complaint with leave 15 to amend. 16 Magistrate judges are empowered to issue reports and recommendations 17 on dispositive issues, which district judges may “accept, reject, or modify, in 18 whole or in part.” 28 U.S.C. § 636(b)(1)(C). Where, as here, neither party objects 19 to a magistrate judge's recommendation, the district court is not required to 20 perform any review of that judge's conclusions. See Thomas v. Arn, 474 U.S. 140, 21 150 (1985). 22 Judge Baldwin recommends that Mabre’s IFP application be granted 23 because he cannot pay the filing fee. (ECF No. 4 at 1–2.) Judge Baldwin next 24 explains that Mabre’s complaint appears to relate to disability discrimination but 25 is mostly illegible and does not provide sufficient information to determine what 26 claims he wishes to pursue. (Id. at 3–4.) Judge Baldwin recommends dismissing 27 the complaint with leave to amend and explains how Mabre can cure the 28 deficiencies in the complaint. (Id.) 1 Mabre has not objected to Judge Baldwin’s R&R, and his time to do so has 2 || now expired. The Court agrees with Judge Baldwin’s reasoning and adopts her 3 || R&R in full. 4 || Conclusion 5 It is therefore ordered that Judge Baldwin’s report and recommendation 6 || (ECF No. 4) is adopted in full. 7 It is further ordered that Plaintiffs IFP application (ECF No. 1) is granted. 8 It is further ordered that Plaintiff's complaint (ECF No. 1-1) is dismissed 9 || without prejudice and with leave to amend. 10 11 DATED: March 26, 2025 12 13 Aras plored Jen 14

18 ANNER TRAUM 16 UNITED STATES DISTRICT JUDGE 17 18 19 20 21 22 23 24 25 26 27 28