Mabre v. Montego Bay Casino

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 Magistrate Judge 12 Carla Baldwin’s report and recommendation (R&R) (ECF No. 7). The R&R 13 recommends that the Court dismiss Mabre’s case with prejudice and enter 14 judgment accordingly. 15 Magistrate judges are empowered to issue reports and recommendations 16 on dispositive issues, which district judges may “accept, reject, or modify, in 17 whole or in part.” 28 U.S.C. § 636(b)(1)(C). Where, as here, neither party objects 18 to a magistrate judge's recommendation, the district court is not required to 19 perform any review of that judge's conclusions. See Thomas v. Arn, 474 U.S. 140, 20 150 (1985). 21 Judge Baldwin recommends that Mabre’s case be dismissed with prejudice 22 because Mabre has failed to prosecute an action. (ECF No. 7 at 1-2.) Judge 23 Baldwin held that Mabre’s action weighs toward dismissal because four of the 24 five factors considered under Thompson v. Hous. Auth. of City of Los Angeles, 782 25 F.2d 829, 831 (9th Cir. 1986)—the public’s interest in expeditious resolution of 26 litigation, the court’s need to manage its docket, the risk of prejudice to the 27 defendants, and the availability of less drastic alternatives—weigh in favor of 28 dismissal, while only one—public policy in favor of disposition of cases on their 1 || merits—weighs against dismissal. (Jd. at 3-4.) 2 Mabre has not objected to Judge Baldwin’s R&R, and his time to do so has 3 || now expired. The Court agrees with Judge Baldwin’s reasoning and adopts her 4 || R&R in full. 5 || Conclusion 6 It is therefore ordered that Judge Baldwin’s report and recommendation 7 || (ECF No. 7) is adopted in full. 8 It is further ordered that Plaintiffs complaint (ECF No. 1-1) is dismissed 9 || with prejudice. 10 The Court instructs the Clerk to close the case and enter judgment in favor 11 || of Defendant. 12 13 DATED: May 20, 2025 14 15 Dosat Den 17 ANNE R. TRAUM 18 UNITED STATES DISTRICT JUDGE 19 20 21 22 23 24 25 26 27 28