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Johnson v. U.S. Dep't of Health & Human Servs.

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON PORTLAND DIVISION
Dec 2, 2014
No. 3:14-cv-368-PK (D. Or. Dec. 2, 2014)

Opinion

No. 3:14-cv-368-PK

12-02-2014

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


ORDER HERNÁNDEZ, 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. § 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.

DATED this 2 day of December, 2014.

/s/_________

MARCO A. HERNÁNDEZ

United States District Judge


Summaries of

Johnson v. U.S. Dep't of Health & Human Servs.

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON PORTLAND DIVISION
Dec 2, 2014
No. 3:14-cv-368-PK (D. Or. Dec. 2, 2014)
Case details for

Johnson v. U.S. Dep't of Health & Human Servs.

Case Details

Full title:MICHELLE ARYELLAH JOHNSON, Plaintiff, v. U.S. DEPARTMENT OF HEALTH AND…

Court:UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON PORTLAND DIVISION

Date published: Dec 2, 2014

Citations

No. 3:14-cv-368-PK (D. Or. Dec. 2, 2014)