Vrame et al v. USA, No. 2:2022mc00104 - Document 14 (E.D. Cal. 2024)

Court Description: 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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 12 CHRIS VRAME and DEMETRA E. VRAME, Petitioners, 13 ORDER v. 14 15 No. 2:22-mc-00104-MCE-JDP UNITED STATES OF AMERICA, Respondent. 16 17 18 On December 12, 2023, the magistrate judge filed findings and recommendations herein 19 which were served on the parties and which contained notice that any objections to the findings 20 and recommendations were to be filed within fourteen days. No objections were filed. 21 This Court reviews de novo those portions of the proposed findings of fact to which 22 objection has been made. 28 U.S.C. § 636(b)(1); McDonnell Douglas Corp. v. Commodore 23 Business Machines, 656 F.2d 1309, 1313 (9th Cir. 1981), cert. denied, 455 U.S. 920 (1982). As 24 to any portion of the proposed findings of fact to which no objection has been made, the Court 25 assumes its correctness and decides the motions on the applicable law. See Orand v. United 26 States, 602 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are 27 reviewed de novo. See Britt v. Simi Valley Unified Sch. Dist., 708 F.2d 452, 454 (9th Cir. 1983). 28 /// 1 1 2 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. 3 Accordingly, IT IS ORDERED that: 4 1. The proposed Findings and Recommendations filed December 12, 2023, ECF No. 13, 5 are ADOPTED in full; 6 2. Respondent’s motion to dismiss, ECF No. 9, is GRANTED. 7 3. Petitioners’ petition to quash, ECF No. 1, is DISMISSED for lack of jurisdiction. 8 IT IS SO ORDERED. 9 Dated: February 5, 2024 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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