Norwood v. Medsource Management Group LLC

Filing 5

REPORT AND RECOMMENDATION that the Court dismiss this case without prejudice. Objections to R&R due by 7/7/2017. Signed by Magistrate Judge Nancy J. Koppe on 06/23/2017. (Copies have been distributed pursuant to the NEF - KW)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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BELINDA F. NORWOOD,
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Plaintiff(s),
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MEDSOURCE MANAGEMENT GROUP, LLC,

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Defendant(s).

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Case No. 2:17-cv-00483-MMD-NJK
REPORT AND
RECOMMENDATION

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On February 17, 2017, the Court screened Plaintiff’s complaint as required by 28 U.S.C.

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§ 1915. Docket No. 3. The Court found Plaintiff’s complaint deficient in that Plaintiff failed to

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show that she had exhausted her administrative remedies and failed to establish a prima facie case

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for any of her claims. Id. at 2-4. The Court ordered that, to the extent Plaintiff believed she could

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cure the identified defects, she must file an amended complaint by March 20, 2017. Id. at 4. The

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Court warned that failure to comply with the order would result in the recommended dismissal of

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this case, without prejudice. To date, Plaintiff has not filed an amended complaint. See Docket.

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Accordingly, the undersigned RECOMMENDS that the Court dismiss this case without
prejudice.

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IT IS SO ORDERED.

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Dated: June 23, 2017.

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NANCY J. KOPPE
United States Magistrate Judge

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NOTICE

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Pursuant to Local Rule IB 3-2, any objection to this Report and Recommendation must be

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in writing and filed with the Clerk of the Court within fourteen (14) days. The Supreme Court has

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held that the courts of appeal may determine that an appeal has been waived due to the failure to file

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objections within the specified time. Thomas v. Arn, 474 U.S. 140, 142 (1985). This circuit has also

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held that (1) failure to file objections within the specified time and (2) failure to properly address and

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brief the objectionable issues waives the right to appeal the District Court’s order and/or appeal

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factual issues from the order of the District Court. Martinez v. Ylst, 951 F.2d 1153, 1157 (9th Cir.

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1991); Britt v. Simi Valley United Sch. Dist., 708 F.2d 452, 454 (9th Cir. 1983).

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