Vrame et al v. USA

Filing 14

ORDER signed by Senior Judge Morrison C. England, Jr., on 2/5/24 ADOPTING in full 13 Findings and Recommendations and GRANTING 9 Respondent's motion to dismiss. Petitioners' 1 petition to quash is DISMISSED for lack of jurisdiction. CASE CLOSED (Kastilahn, A)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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CHRIS VRAME and DEMETRA E.
VRAME,
Petitioners,

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ORDER
v.

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No. 2:22-mc-00104-MCE-JDP

UNITED STATES OF AMERICA,
Respondent.

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On December 12, 2023, the magistrate judge filed findings and recommendations herein

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

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and recommendations were to be filed within fourteen days. No objections were filed.

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This Court reviews de novo those portions of the proposed findings of fact to which

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objection has been made. 28 U.S.C. § 636(b)(1); McDonnell Douglas Corp. v. Commodore

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Business Machines, 656 F.2d 1309, 1313 (9th Cir. 1981), cert. denied, 455 U.S. 920 (1982). As

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to any portion of the proposed findings of fact to which no objection has been made, the Court

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assumes its correctness and decides the motions on the applicable law. 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 Sch. Dist., 708 F.2d 452, 454 (9th Cir. 1983).

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

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Accordingly, IT IS ORDERED that:

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1. The proposed Findings and Recommendations filed December 12, 2023, ECF No. 13,

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are ADOPTED in full;

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2. Respondent’s motion to dismiss, ECF No. 9, is GRANTED.

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3. Petitioners’ petition to quash, ECF No. 1, is DISMISSED for lack of jurisdiction.

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IT IS SO ORDERED.

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Dated: February 5, 2024

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