Lawrence Huger Jr. v. Allied Universal at Crabtree Valley Mall, et al.

Summary

The United States District Court for the Eastern District of North Carolina adopts a magistrate judge’s recommendation following frivolity review under 28 U.S.C. § 1915(e)(2)(B). The court dismisses the ADA claims against the individual defendants, permits the ADA claim against Allied Universal at Crabtree Valley Mall to proceed, and denies as moot the plaintiff’s motion to proceed in forma pauperis.

Holdings

1. When no party files a specific and timely objection, the district court reviews the magistrate judge's recommendation for clear error and may adopt it without providing further explanation.
2. The ADA does not provide a cause of action against individual defendants who are not employers.
3. Plaintiff's ADA claim against Allied Universal at Crabtree Valley Mall may proceed.
4. A later motion to proceed in forma pauperis is moot when an earlier similar motion has already been granted and the filing fee waived.

Questions Presented

1. Whether the district court should adopt the magistrate judge's recommendation when no party filed a timely objection.
2. Whether Plaintiff's ADA claims against the individual defendants should be dismissed as frivolous or for failure to state a claim.
3. Whether Plaintiff's later motion to proceed in forma pauperis should be denied as moot after an earlier similar motion had been granted.

Disposition

other