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Robin Gail v. Plumas County Mental Health

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


October 24, 2012

ROBIN GAIL TAMORI-HOLMES, PLAINTIFF,
v.
PLUMAS COUNTY MENTAL HEALTH SERVICES, ET AL., DEFENDANTS.

The opinion of the court was delivered by: John A. Mendez United States District Court Judge

ORDER

On August 27, 2012, 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 fourteen days. No objections were filed.

Although it appears from the file that plaintiff's copy of the findings and recommendations was returned, plaintiff was properly served. It is the plaintiff's responsibility to keep the court apprised of her current address at all times.*fn1 Pursuant to Local Rule 182(f), service of documents at the record address of the party is fully effective.

Accordingly, the court presumes any findings of fact are correct. See Orand v. United States, 602 F.2d 207, 208 (9th Cir. 1979). 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 the Findings and Recommendations filed August 27, 2012, are ADOPTED and:

1. Defendants United States Department of Health and Human Services , United States Department of Justice, and United States Department of Defense's motion to dismiss pursuant to Fed. R. Civ. Pro. 12(b)(6) (dkt. 4) is GRANTED and Plaintiff's claims against these defendants are DISMISSED WITH PREJUDICE;

2. Defendant Division of Labor Standards Enforcement's motion to dismiss pursuant to Fed. R. Civ. Pro. 12(b)(6) (dkt. 5) is DENIED WITHOUT PREJUDICE due to lack of subject matter jurisdiction;

3. The action is REMANDED to the Plumas County Superior Court; 4. The Clerk of Court is directed to serve a certified copy of the court's order on the Clerk of the Plumas County Superior Court, and reference the state case number (CV11-00264) in the proof of service; and

5. The Clerk of Court is directed to close this case.


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