Dickson v. State of Nevada ( 2021 )

1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 Case No.: 2:21-cv-0999-JAD-EJY 4 Lyle Edward Dickson, 5 Plaintiff Order Adopting Report & Recommendation 6 and Dismissing Claims v. 7 State of Nevada, et al., 8 [ECF No. 3] 9 Defendants 10 11 Lyle E. Dickson brings this employment action over the treatment he received during, 12 and termination from, his job at the State of Nevada’s Housing Division. Because he is 13 proceeding in forma pauperis, the magistrate judge screened Dickson’s complaint and entered a 14 report and recommendation.1 The deadline for Dickson to object to that recommendation was 15 June 21, 2021, and Dickson neither objected nor moved to extend his time to do so. “[N]o 16 review is required of a magistrate judge’s report and recommendation unless objections are 17 filed.”2 Having reviewed the R&R, I find good cause to adopt it, and I do. 18 IT IS THEREFORE ORDERED that the Magistrate Judge’s Report and 19 Recommendation [ECF No. 3] is ADOPTED in its entirety: 20 • Plaintiff’s claims for sex discrimination and retaliation may proceed against the 21 State of Nevada and Nevada Housing Division under Title VII, and plaintiff may 22 seek prospective injunctive relief for these claims; 23 24 25 1 ECF No. 3. 26 2 Schmidt v. Johnstone, 263 F. Supp. 2d 1219, 1226 (D. Ariz. 2003); see also Thomas v. Arn, 474 27 U.S. 140, 150 (1985); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003). 28 1 ] e Plaintiff's Age Discrimination in Employment Act (ADEA) claims are dismissed 2 with prejudice; 3 e Plaintiff's pendant state law claims against the State of Nevada and the Nevada 4 Housing Division are dismissed with prejudice; 5 e Plaintiffs Title VII claims and pendant Nevada state law claims against the 6 individual defendants are dismissed with prejudice; 7 e Plaintiff's claims for monetary damages and retroactive injunctive relief against 8 the State of Nevada and the Nevada Housing Division are dismissed with 9 prejudice; 10 e Plaintiff's Nevada state law discrimination claims based on race, color, religion, 11 sexual orientation, gender identity or expression, and national origin against the 12 State of Nevada and Nevada Housing Division are dismissed without prejudice to 13 his ability to file a complaint in state court based on these allegations; 14 e Plaintiffs Title VII race discrimination claim against the State of Nevada and 15 Nevada Housing Division are dismissed without prejudice and with leave to 16 amend. 17 IT IS FURTHER ORDERED that the Amended Complaint [ECF No. 5] 1s deemed 18 timely, and I refer this matter to the magistrate judge to determine whether further 19 || screening is necessary or to issue a further order regarding summons and service. 20 USS. District Judge J ennifer Al. Dorsey 22 Dated: June 23, 2021 23 24 25 26 27 28