Opinion
Case No.: 2:17-cv-02262-JAD-NJK
04-23-2018
Victor Lyons and Roger Scott, Plaintiffs v. United States of America, et al., Defendants
Order Adopting Report and Recommendation and Dismissing Case
[ECF No. 8]
Pro se plaintiffs Victor Lyons and Roger Scott allege that they suffer from post-traumatic stress disorder (PTSD) as a result of their service in the Vietnam War and that the Department of Veterans Affairs (VA) has denied them treatment for their condition. Since filing their complaint, Lyons died. After reviewing the amended complaint, Magistrate Judge Nancy Koppe recommends that I dismiss this entire case for lack of jurisdiction based on a failure to allege that administrative remedies have been exhausted. Judge Koppe issued her report and recommendation on April 3, 2018, making April 17, 2018, the deadline to file objections. That deadline has passed, and Scott has not objected.
ECF No. 1-2.
ECF No. 6 at 3, 15.
Magistrate Judge Koppe previously found the original complaint to be deficient in a number of ways, so she granted Scott leave to amend it to cure those deficiencies. ECF No. 4.
ECF No. 8 at 3.
ECF No. 8.
"[N]o review is required of a magistrate judge's report and recommendation unless objections are filed." Accordingly, with good cause appearing and no reason to delay, IT IS HEREBY ORDERED that Magistrate Judge Koppe's report and recommendation [ECF No. 8] is ACCEPTED and ADOPTED. Plaintiffs' claims are DISMISSED without prejudice. The Clerk of Court is directed to ENTER JUDGMENT accordingly and CLOSE THIS CASE.
Schmidt v. Johnstone, 263 F. Supp. 2d 1219, 1226 (D. Ariz. 2003); see also Thomas v. Arn, 474 U.S. 140, 150 (1985); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003). --------
Dated: April 23, 2018
/s/_________
U.S. District Judge Jennifer A. Dorsey