Kenney v. SSA ODAR Hearing et al

Filing 8

ORDER ADOPTING REPORT AND RECOMMENDATION for 6 Report and Recommendation; dismisses this action without prejudice; deems moot 4 Kenney's Application to Proceed in District Court Without Prepaying Fees or Costs. Signed by Honorable Lee R. West on 10/20/15. (jy)

IN THE UNITED STATES DISTRICT COURT FOR
THE WESTERN DISTRICT OF OKLAHOMA

ANTHONY C. KENNEY,
Plaintiff,
No. CIV-15-931-W

vs.

SSA ODAR HEARING etal.,
Defendants.
ORDER

On September 23, 2015, United States Magistrate Judge Charles B. Goodwin
issued a Report and Recommendation in this matter and recommended that this action be

dismissed without prejudice. PlaintiffAnthony C. Kenney was advised of his rightto object,
see Doc. 6 at 6, and the matter now comes before the Court on Kenney's Notice of Appeal

[Doc. 7], which the Court has construed as an objection to the Report and Recom
mendation.

Magistrate Judge Goodwin conducted the preliminary screening required by title 28,
section 1915A(a) of the United States Code, and in so doing, he determined that proper

venue is lacking and that the appropriate venue of this action lies in the United States
District Court for the Northern District of Oklahoma. See 42 U.S.C. § 405(g). Magistrate
Judge Goodwin further determined thattransfer of this action to that judicial district was not

"in the interest of justiceM" 28 U.S.C. § 1406(a); e^, Hauah v. Booker. 210 F.3d 1147,

1150 (lO^'^Cir. 2000).^
^To prevent furtherfrivolous filings, Kenney is subject to "certain restrictions on his ability
to bring additional actions," Kennev v. Oklahoma. 601 Fed. Appx. 761, 761 (lO*'' Cir. 2015), in the
United States District Court for the Northern District of Oklahoma, and must comply with detailed
requirements when presenting a proposed civil pleading to that court for filing. E.g.. In re Anthony

Upon de novo review of the record and after consideration of Kenney's Notice of
Appeal, the Court concurs with Magistrate Judge Goodwin's suggested disposition of this
matter.

Accordingly, the Court

(1) ADOPTS the Report and Recommendation [Doc. 6] filed on September 23,
2015;

(2) DISMISSES this action without prejudice; and

(3) deems MOOT Kenney's Application to Proceed in District Court Without
Prepaying Fees or Costs [Doc. 4] file-stamped August 28, 2015.

ENTERED this ^0^ day of October, 2015.

l^E R. WEST
United states district judge

C. Kennev. No. GO-10-8 (N.D. Okla. Oct. 25,2010); Kennev v. Oklahoma Comptroller. No. 10-CV137-JHP (N.D. Okla. September 27, 2010).