Johnson v. US Department of Health and Human Services et al

Filing 59

ORDER: The Court ADOPTS Magistrate Judge Papak's Findings & Recommendation 55 . Accordingly, this case is dismissed. See 2-page order attached. Signed on 12/2/2014 by Judge Marco A. Hernandez. (mr)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON
PORTLAND DIVISION
MICHELLE ARYELLAH JOHNSON,
Plaintiff,

No. 3:14-cv-368-PK

v.
U.S. DEPARTMENT OF HEALTH AND
HUMAN SERVICES, OREGON HEALTH
AUTHORITY, and FAMILY CARE, INC.,

ORDER

Defendants.
HERNÁNDEZ, District Judge:
Magistrate Judge Papak issued a Findings and Recommendation [55] on September 29,
2014, in which he recommends that this Court grant in part Defendant Oregon Health
Authority’s motion [15] to dismiss Plaintiff’s claims for lack of subject-matter jurisdiction and
grant in full the motion to dismiss based on ripeness grounds. In addition, Judge Papak
recommends that this Court dismiss Plaintiff’s claims sua sponte on ripeness grounds to the
extent alleged against Defendants Department of Health and Human Services and Family Care,
Inc. The matter is now before me pursuant to 28 U.S.C. § 636(b)(1)(B) and Federal Rule of Civil
Procedure 72(b).
1 - ORDER

Because no objections to the Magistrate Judge's Findings and Recommendation were
timely filed, I am relieved of my obligation to review the record de novo. United States v.
Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (en banc); see also United States v. Bernhardt,
840 F.2d 1441, 1444 (9th Cir. 1988) (de novo review required only for portions of Magistrate
Judge's report to which objections have been made). Having reviewed the legal principles de
novo, I find no error.
CONCLUSION
The Court ADOPTS Magistrate Judge Papak’s Findings & Recommendation [55].
Accordingly, this case is dismissed.
IT IS SO ORDERED.
DATED this

day of

, 2014.

MARCO A. HERNÁNDEZ
United States District Judge

2 - ORDER