No. 2:16-cv-00382-JAD-CWH.

Shawn W. McClung, Plaintiff, v. Aztec Inn Casino, Ltd., Defendant.

United States District Court, D. Nevada.

Editors Note
Applicable Law: 29 U.S.C. § 0794
Cause: 29 U.S.C. § 0794 Job Discrimination (Handicap)
Nature of Suit: 445 Civil Rights: Americans with Disabilities - Employment
Source: PACER

Attorney(s) appearing for the Case

Shawn Wesley McClung, Plaintiff, Pro Se.

Order Adopting Report and Recommendation and Dismissing Case

[ECF No. 6]

JENNIFER A. DORSEY, District Judge.

Shawn McClung brings this civil-rights action against Aztec Inn Casino, Ltd., for alleged violations of the Americans with Disabilities Act, and he also applied to proceed in forma pauperis.1 Magistrate Judge Hoffman denied McClung's application to proceed in forma pauperis and ordered McClung to pay the filing and administrative fees by June 16, 2017.2 Judge Hoffman warned that if McClung failed to comply with the order, he would recommend dismissal of this case without prejudice.3 McClung failed to comply with this order and as a result, Magistrate Judge Hoffman now recommends that this case be dismissed without prejudice.4

The report and recommendation was entered June 21, 2017, making July 5, 2017, the deadline to file an objection. McClung has not filed any objection to the report and recommendation. "[N]o review is required of a magistrate judge's report and recommendation unless objections are filed."5

Accordingly, with good cause appearing and no reason to delay, IT IS HEREBY ORDERED that Magistrate Judge Hoffman's report and recommendation [ECF No. 6] is ACCEPTED and ADOPTED; and McClung's claims are DISMISSED. The Clerk of Court is directed to CLOSE THIS CASE.


1. ECF Nos. 1, 1-1.
2. ECF No. 4.
3. Id.
4. ECF No. 6.
5. 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).


1000 Characters Remaining reserves the right to edit or remove comments but is under no obligation to do so, or to explain individual moderation decisions.

User Comments

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases