Gordon v. Berryhill

Filing 5

ORDER. IT IS ORDERED that 4 Judge Foley's report and recommendation is ACCEPTED. This action is dismissed without prejudice and the clerk of the court is instructed to close Case No. 2:18-cv-00775-APG-GWF and transfer all filings therein t o Case No. 2:18-cv-00492-JCM-GWF. Plaintiff Stephanie Gordon is instructed to make all future filings related to her request for judicial review under Case No. 2:18-cv-00492-JCM-GWF. Signed by Judge Andrew P. Gordon on 6/1/2018. (Copies have been distributed pursuant to the NEF - MR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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STEPHANIE GORDON,

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Plaintiff,
v.
NANCY A. BERRYHILL,
Defendant.

Case No. 2:18-cv-00775-APG-GWF
ORDER ON REPORT AND
RECOMMENDATION
(ECF NO. 4)

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On May 4, 2018, Magistrate Judge Foley entered a report and recommendation that I

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dismiss the case without prejudice to plaintiff Stephanie Gordon pursuing her claims in a

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previously filed identical case, 2:18-cv-00492-JCM-GWF. ECF No. 4. Gordon did not file an

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objection. Thus, I am not obligated to conduct a de novo review of the report and

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recommendation. 28 U.S.C. § 636(b)(1) (requiring district courts to “make a de novo

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determination of those portions of the report or specified proposed findings to which objection is

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made”); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (en banc) (“the

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district judge must review the magistrate judge’s findings and recommendations de novo if

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objection is made, but not otherwise” (emphasis in original)).

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IT IS THEREFORE ORDERED that Judge Foley’s report and recommendation (ECF No.

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4) is accepted. This action is dismissed without prejudice and the clerk of the court is instructed

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to close Case No. 2:18-cv-00775-APG-GWF and transfer all filings therein to Case No. 2:18-cv-

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00492-JCM-GWF. Plaintiff Stephanie Gordon is instructed to make all future filings related to

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her request for judicial review under Case No. 2:18-cv-00492-JCM-GWF.

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DATED this 1st day of June, 2018.

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ANDREW P. GORDON
UNITED STATES DISTRICT JUDGE