Kimes v. US Department of Veterans Affairs

Filing 54

ORDER signed by Judge Kimberly J. Mueller on 1/10/2013 ADOPTING 49 Findings and Recommendations in full; DENYING, without prejudice to its refiling following the close of discovery, 44 Motion for Summary Judgment. (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 under Local Rule 302(c)(21).
On October 2, 2012, the magistrate judge filed findings and recommendations,

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which were served on all parties and which contained notice to the parties that any objections to

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the findings and recommendations were to be filed within fourteen days after service of the

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findings and recommendations. The fourteen day period has expired, and no party has filed

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objections to the findings and recommendations.
The court presumes that any findings of fact are correct. See Orand v. United

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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). Having carefully reviewed the file, the court finds the findings and recommendations to

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be supported by the record and by the proper analysis.

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Accordingly, IT IS HEREBY ORDERED that:

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1. The findings and recommendations filed October 2, 2012 (Doc. No. 49) are

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adopted in full; and
2. Defendant’s August 24, 2012 motion for summary judgment (Doc. No. 44) is

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denied without prejudice to its refiling following the close of discovery in this action.

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DATED: January 10, 2013.

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UNITED STATES DISTRICT JUDGE
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