Jones v. Office of Workers' Compensation Programs

Filing 56

ORDER signed by Chief Judge Morrison C. England, Jr on 2/25/13 ORDERING that the findings and recommendations filed October 22, 2012 44 are ADOPTED IN FULL; Defendant's motion to dismiss 32 and 35 is GRANTED; Plaintiff's access clai m is DISMISSED with prejudice as moot; Plaintiff's amendment claim is DISMISSED without prejudice and without leave to amend as unexhausted; Plaintiff's claim for benefits is DISMISSED with prejudice as an impermissible collateral challe nge to the underlying agency decisions; Plaintiff's catch-all damages claim is DISMISSED with leave to amend; and Plaintiff's motion for discovery 31 is DENIED without prejudice to renewal, at the earliest, following filing of an amen ded complaint; and Plaintiff shall file an amended complaint, if he chooses to do so, within thirty (30) days from the date this Order is electronically filed. If no amended pleading is filed within 30 days, the Court will dismiss Plaintiff's catch-all damages claim with prejudice and will direct the Clerk of the Court to close this case. (Becknal, R)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MICHAEL R. JONES,

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Plaintiff,
vs.

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No. 2:11-CV-02799-MCE-CMK

ORDER

OFFICE OF WORKERS’ COMP.
PROGRAMS,

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Defendant.
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Plaintiff, who is proceeding pro se, brings this civil action pursuant to 5 U.S.C.

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§ 522a(g)(1) to remedy alleged violations of the Privacy Act of 1974. The matter was referred to

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a United States Magistrate Judge pursuant to Eastern District of California local rules.

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On October 22, 2012, the Magistrate Judge filed findings and recommendations

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herein (ECF No. 44) which were served on the parties and which contained notice that the

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parties may file objections within a specified time. Timely objections to the findings and

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recommendations have been filed.

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In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule

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304(f), this Court has conducted a de novo review of this case. Having carefully reviewed the

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entire file, the Court finds the findings and recommendations to be supported by the record and

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by proper analysis.

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Accordingly, IT IS HEREBY ORDERED that:

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1.

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The findings and recommendations filed October 22, 2012 (ECF No. 44)

are ADOPTED IN FULL;

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2.

Defendant’s motion to dismiss (ECF Nos. 32 and 35) is GRANTED;

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3.

Plaintiff’s access claim is DISMISSED with prejudice as moot;

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4.

Plaintiff’s amendment claim is DISMISSED without prejudice and

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without leave to amend as unexhausted;

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impermissible collateral challenge to the underlying agency decisions;

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6.

Plaintiff’s catch-all damages claim is DISMISSED with leave to amend;

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Plaintiff’s motion for discovery (ECF No 31) is DENIED without

and

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Plaintiff’s claim for benefits is DISMISSED with prejudice as an

prejudice to renewal, at the earliest, following filing of an amended complaint; and

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8.

Plaintiff shall file an amended complaint, if he chooses to do so, within

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thirty (30) days from the date this Order is electronically filed. If no amended pleading is filed

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within 30 days, the Court will dismiss Plaintiff’s catch-all damages claim with prejudice and will

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direct the Clerk of the Court to close this case.

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DATED:

February 25, 2013

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__________________________________________
MORRISON C. ENGLAND, JR., CHIEF JUDGE
UNITED STATES DISTRICT JUDGE

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