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McAdam v. United States Food and Drug Administration

United States District Court, Ninth Circuit

October 23, 2013

TOBY C. McADAM, Plaintiff,
v.
UNITED STATES FOOD AND DRUG ADMINISTRATION; MARGARET A. HAMBURG, COMMISSIONER OF FDA, Defendants.

ORDER

SAM E. HADDON, District Judge.

United States Magistrate Judge Carolyn S. Ostby entered Findings and Recommendations in this matter on September 30, 2011[1] Plaintiff filed objections on October 18, 2013.[2] The Court reviews de novo findings and recommendations to which objections are made. 28 U.S.C. ยง 636(b)(1).

Upon de novo review of the record, I find no error in Judge Ostby's Findings and Recommendations and adopt them in full. The claims asserted by Plaintiff may be dismissed because: 1) they constitute an impermissible collateral attack on the Consent Decree entered in Cause CV-10-128-BLG-RFC on November 4, 2010, 2) they are barred by the doctrine of res judicata, and 3) the United States is immune from liability for constitutional torts.

ORDERED:

1. Defendants' Motion to Dismiss' is GRANTED.
2. Plaintiff's Complaint is DISMISSED with prejudice.
3. The Clerk is directed to enter judgment accordingly.

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