Stinnett Gray v. Social Security

Filing 10

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)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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BRENDA STINNETT GRAY,

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Plaintiff,

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v.
SOCIAL SECURITY,

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Defendant.

Case No. 2:17-cv-02123-APG-NJK
ORDER ON REPORT AND
RECOMMENDATION
(ECF. NOS. 8, 9)

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On January 4, 2018, Magistrate Judge Koppe entered a report and recommendation that I

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dismiss the complaint because plaintiff Brenda Stinnett Gray did not file an amended complaint

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by November 6, 2017 as ordered. Gray did not file an objection. Thus, I am not obligated to

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conduct a de novo review of the report and recommendation. 28 U.S.C. § 636(b)(1) (requiring

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district courts to “make a de novo determination of those portions of the report or specified

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proposed findings to which objection is made”); United States v. Reyna-Tapia, 328 F.3d 1114,

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1121 (9th Cir. 2003) (en banc) (“the district judge must review the magistrate judge’s findings

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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

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this case to Indiana. Because there is no complaint to transfer, I deny that motion. However, I

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dismiss the complaint without prejudice, so Gray may file a complaint in Indiana if she wishes to

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continue to pursue a claim.
IT IS THEREFORE ORDERED that Judge Koppe’s report and recommendation (ECF

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No. 8) is accepted, plaintiff Brenda Stinnett Gray’s motion to transfer (ECF No. 9) is DENIED,

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and the complaint is dismissed without prejudice. The clerk of court is instructed to close this

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case.

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DATED this 2nd day of February, 2018.
ANDREW P. GORDON
UNITED STATES DISTRICT JUDGE