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Johnson v. U.S. Department of Health and Human Services

United States District Court, D. Oregon, Portland Division

December 2, 2014

MICHELLE ARYELLAH JOHNSON, Plaintiff,
v.
U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, OREGON HEALTH AUTHORITY, and FAMILY CARE, INC., Defendants.

ORDER

MARCO A. HERNNDEZ, District Judge.

Magistrate Judge Papak issued a Findings and Recommendation [55] on September 29, 2014, in which he recommends that this Court grant in part Defendant Oregon Health Authority's motion [15] to dismiss Plaintiff's claims for lack of subject-matter jurisdiction and grant in full the motion to dismiss based on ripeness grounds. In addition, Judge Papak recommends that this Court dismiss Plaintiff's claims sua sponte on ripeness grounds to the extent alleged against Defendants Department of Health and Human Services and Family Care, Inc. The matter is now before me pursuant to 28 U.S.C. ยง 636(b)(1)(B) and Federal Rule of Civil Procedure 72(b).

Because no objections to the Magistrate Judge's Findings and Recommendation were timely filed, I am relieved of my obligation to review the record de novo. United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (en banc); see also United States v. Bernhardt, 840 F.2d 1441, 1444 (9th Cir. 1988) ( de novo review required only for portions of Magistrate Judge's report to which objections have been made). Having reviewed the legal principles de novo, I find no error.

CONCLUSION

The Court ADOPTS Magistrate Judge Papak's Findings & Recommendation [55]. Accordingly, this case is dismissed.

IT IS SO ORDERED.


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