Padilla v. Nevada Gaming Control Board

• Court: District Court, D. Nevada
• Decided: January 12, 2024
• Docket: 2:22-cv-02109
• Status: Unknown

Opinion

4 UNITED STATES DISTRICT COURT 5 DISTRICT OF NEVADA 6 * * * 7 SHAWN PADILLA, Case No. 2:22-cv-02109-RFB-BNW 8 Plaintiff, ORDER 9 v. 10 MGM Grand Hotel, LLC et al., 11 Defendants. 12

13 Before the Court for consideration is the Report and Recommendation (ECF No. 34) of the 14 Honorable Brenda N. Weksler, United States Magistrate Judge, entered on September 29, 2023. A 15 district court “may accept, reject, or modify, in whole or in part, the findings or recommendations 16 made by the magistrate.” 28 U.S.C. § 636(b)(1). A party may file specific written objections to the 17 findings and recommendations of a magistrate judge. 28 U.S.C. § 636(b)(1); Local Rule IB 3-2(a). 18 When written objections have been filed, the district court is required to “make a de novo 19 determination of those portions of the report or specified proposed findings or recommendations 20 to which objection is made.” 28 U.S.C. § 636(b)(1); see also Local Rule IB 3-2(b). Where a party 21 fails to object, however, a district court is not required to conduct “any review,” de novo or 22 otherwise, of the report and recommendations of a magistrate judge. Thomas v. Arn, 474 U.S. 140, 23 149 (1985). Pursuant to Local Rule IB 3-2(a), objections were due by October 13, 2023. No 24 objections have been filed. The Court has reviewed the record in this case and concurs with all of 25 the Magistrate Judge’s recommendations. 26 In addition to adopting Judge Weksler’s recommendations, the Court also finds that the 27 former Defendant, Nevada Gaming Control Board’s (“NGCB”), Motion to Dismiss (ECF No. 17) 28 | is moot. NCGB filed its motion on March 28, 2023, asserting that, as a state agency, it was immune from 42 U.S.C. §1983 and state law claims. Subsequently, on April 6, 2023, Plaintiff and the 3 NGCB filed a separate Unopposed Joint Motion to Dismiss NGCB from the suit with prejudice. ECF No. 19. The Court granted this motion on April 7, 2023. ECF No. 20. 5 6 IT IS THEREFORE ORDERED that the Report and Recommendation (ECF No. 34) is ACCEPTED and ADOPTED in full. 8 IT IS FURTHER ORDERED that Plaintiffs third cause of action for premises liability 7 is DISMISSED. 10 IT IS FURTHER ORDERED that ECF No. 17 and ECF No. 18 are DENIED as moot. 11 12 IS DATED: January 12, 2024. 14 AK RICHARD F. BOULWARE, IT 16 UNITED STATES DISTRICT JUDGE 17 18 19 20 21 22 23 24 25 26 27 28

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