(PS) Johnson v. Victoria Insurance Group et al, No. 2:2009cv00155 - Document 6 (E.D. Cal. 2009)

Court Description: ORDER signed by Senior Judge Lawrence K. Karlton on 7/31/09 ORDERING that the 4 Findings and Recommendations filed April 14, 2009, are ADOPTED. This action is dismissed with prejudice for lack of subject matter jurisdiction. CASE CLOSED. (Duong, D)

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(PS) Johnson v. Victoria Insurance Group et al Doc. 6 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 LAMONT JOHNSON, 11 Plaintiff, 12 13 CIV-S-09-0155 LKK GGH PS vs. VICTORIA INS. GROUP, et al., 14 Defendants. 15 __________________________________/ 16 ORDER On April 14, 2009, the magistrate judge filed findings and recommendations 17 herein which were served on the parties and which contained notice that any objections to the 18 findings and recommendations were to be filed within ten days. Plaintiff filed objections on May 19 5, 2009, and they were considered by the district judge. 20 This court reviews de novo those portions of the proposed findings of fact to 21 which objection has been made. 28 U.S.C. § 636(b)(1); McDonnell Douglas Corp. v. 22 Commodore Business Machines, 656 F.2d 1309, 1313 (9th Cir. 1981), cert. denied, 455 U.S. 920 23 (1982). As to any portion of the proposed findings of fact to which no objection has been made, 24 the court assumes its correctness and decides the motions on the applicable law. See Orand v. 25 United States, 602 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are 26 reviewed de novo. See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir. 1 Dockets.Justia.com 1 2 1983). The court has reviewed the applicable legal standards and, good cause appearing, 3 concludes that it is appropriate to adopt the Findings and Recommendations in full. Accordingly, 4 IT IS ORDERED that: 5 1. The Findings and Recommendations filed April 14, 2009, are ADOPTED; and 6 2. This action is dismissed with prejudice for lack of subject matter jurisdiction. 7 DATED: July 31, 2009. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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