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Storman v. U.S. Dep't of Health and Human Services

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


March 10, 2009

MICHAEL D. STORMAN, PLAINTIFF,
v.
U.S. DEPT OF HEALTH AND HUMAN SERVICES, CALIFORNIA DEPARTMENT OF HEALTH CARE SERVICES, DEFENDANTS.

The opinion of the court was delivered by: Garland E. Burrell, Jr. United States District Judge

ORDER

On February 5, 2009, the magistrate judge filed findings and recommendations herein which were served on the parties and which contained notice that any objections to the findings and recommendations were to be filed within ten days. No objections were filed.

Accordingly, the court presumes any findings of fact are correct. See Orland v. United States, 602 F.2d 207, 208 (9th Cir. 1999). The magistrate judge's conclusions of law are reviewed de novo. See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir. 1983).

The court has reviewed the applicable legal standards and, good cause appearing, concludes that it is appropriate to adopt the Findings and Recommendations in full.

Accordingly, IT IS ORDERED that:

1. The Findings and Recommendations filed February 5, 2009, are ADOPTED;

2. The motion to dismiss filed by defendant CDHCS on April 11, 2008, is granted;

3. The motion for summary judgment filed by plaintiff on April 15, 2008, is denied;

4. The cross-motion for summary judgment filed by defendant CDHCS on June 16, 2008, is granted;

5. The cross-motion filed by defendant DHHS on June 16, 2008 is granted; and

6. This action is dismissed with prejudice and judgment is entered in favor of defendants.

20090310

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