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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1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 *** 4 BRENDA STINNETT GRAY, 5 Plaintiff, 6 7 v. SOCIAL SECURITY, 8 Defendant. Case No. 2:17-cv-02123-APG-NJK ORDER ON REPORT AND RECOMMENDATION (ECF. NOS. 8, 9) 9 On January 4, 2018, Magistrate Judge Koppe entered a report and recommendation that I 10 11 dismiss the complaint because plaintiff Brenda Stinnett Gray did not file an amended complaint 12 by November 6, 2017 as ordered. Gray did not file an objection. Thus, I am not obligated to 13 conduct a de novo review of the report and recommendation. 28 U.S.C. § 636(b)(1) (requiring 14 district courts to “make a de novo determination of those portions of the report or specified 15 proposed findings to which objection is made”); United States v. Reyna-Tapia, 328 F.3d 1114, 16 1121 (9th Cir. 2003) (en banc) (“the district judge must review the magistrate judge’s findings 17 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 18 19 this case to Indiana. Because there is no complaint to transfer, I deny that motion. However, I 20 dismiss the complaint without prejudice, so Gray may file a complaint in Indiana if she wishes to 21 continue to pursue a claim. IT IS THEREFORE ORDERED that Judge Koppe’s report and recommendation (ECF 22 23 No. 8) is accepted, plaintiff Brenda Stinnett Gray’s motion to transfer (ECF No. 9) is DENIED, 24 and the complaint is dismissed without prejudice. The clerk of court is instructed to close this 25 case. 26 27 28 DATED this 2nd day of February, 2018. ANDREW P. GORDON UNITED STATES DISTRICT JUDGE

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