Stinnett Gray v. Social Security
ORDER. IT IS ORDERED that 8 Judge Koppe's report and recommendation is accepted, 9 plaintiff Brenda Stinnett Gray's motion to transfer is DENIED, and the complaint is dismissed without prejudice. The clerk of court is instructed to close this case. Signed by Judge Andrew P. Gordon on 2/2/2018. (Copies have been distributed pursuant to the NEF - ADR)
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
BRENDA STINNETT GRAY,
Case No. 2:17-cv-02123-APG-NJK
ORDER ON REPORT AND
(ECF. NOS. 8, 9)
On January 4, 2018, Magistrate Judge Koppe entered a report and recommendation that I
dismiss the complaint because plaintiff Brenda Stinnett Gray did not file an amended complaint
by November 6, 2017 as ordered. Gray did not file an objection. Thus, I am not obligated to
conduct a de novo review of the report and recommendation. 28 U.S.C. § 636(b)(1) (requiring
district courts to “make a de novo determination of those portions of the report or specified
proposed findings to which objection is made”); United States v. Reyna-Tapia, 328 F.3d 1114,
1121 (9th Cir. 2003) (en banc) (“the district judge must review the magistrate judge’s findings
and recommendations de novo if objection is made, but not otherwise” (emphasis in original)).
After Judge Koppe entered her report and recommendation, Gray moved for a transfer of
this case to Indiana. Because there is no complaint to transfer, I deny that motion. However, I
dismiss the complaint without prejudice, so Gray may file a complaint in Indiana if she wishes to
continue to pursue a claim.
IT IS THEREFORE ORDERED that Judge Koppe’s report and recommendation (ECF
No. 8) is accepted, plaintiff Brenda Stinnett Gray’s motion to transfer (ECF No. 9) is DENIED,
and the complaint is dismissed without prejudice. The clerk of court is instructed to close this
DATED this 2nd day of February, 2018.
ANDREW P. GORDON
UNITED STATES DISTRICT JUDGE
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