Kimes v. US Department of Veterans Affairs
Filing
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ORDER ADOPTING 32 FINDINGS AND RECOMMENDATIONS signed by District Judge Kimberly J. Mueller on 07/20/2011 DENYING 27 Motion to Dismiss. (Michel, G)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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CURTIS R. KIMES,
Plaintiff,
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v.
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No. CIV S-09-0853 KJM DAD PS
ERIK K. SHINSEKI, Secretary,
U.S. Department of Veteran Affairs,
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Defendant.
Plaintiff is proceeding pro se with the above-entitled action. The matter was
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ORDER
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referred to a United States Magistrate Judge as provided by Local Rule 302(c)(21).
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On March 10, 2011, the magistrate judge filed findings and recommendations
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recommending denial of defendant’s motion to dismiss, which were served on all parties and
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which contained notice to the parties that any objections to the findings and recommendations
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were to be filed within twenty-one days after service of the findings and recommendations. The
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twenty-one-day period has expired, and no party has filed objections to the findings and
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recommendations. In fact, on April 5, 2011, defendant filed an answer to plaintiff’s amended
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complaint.1
Accordingly, the court presumes any findings of fact are correct. See Orand v.
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United States, 602 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are
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reviewed de novo. See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir.
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1983). The court has reviewed the file and finds the findings and recommendations to be
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supported by the record and by the magistrate judge’s analysis.
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Accordingly, IT IS HEREBY ORDERED that:
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1. The findings and recommendations filed March 10, 2011 (Doc. No. 32) are
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adopted in full; and
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2. Defendant’s June 3, 2010 motion to dismiss (Doc. No. 27) is denied.
DATED: July 20, 2011.
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UNITED STATES DISTRICT JUDGE
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/kimes0853.jo
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The court notes the parties have not consented to magistrate judge jurisdiction,
although that option is available to them if they wish. See Docket No. 3.
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