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Rashid v. United States, 2:18-cv-05110-ODW (KSx). (2019)

Court: District Court, C.D. California Number: infdco20190724844 Visitors: 22
Filed: Jul. 23, 2019
Latest Update: Jul. 23, 2019
Summary: JUDGMENT OTIS D. WRIGHT, II , District Judge . On June 8, 2018, plaintiff Kazi A. Rashid sought judicial review of an administrative decision by the United States Department of Agriculture ("USDA"), Food and Nutrition Services ("FNS"), to permanently disqualify him and his store, Harry's Market, from participating in the Supplemental Nutrition Assistance Program. On July 9, 2019, the Court granted defendant's motion for summary judgment on the grounds that: (1) plaintiff did not raise a ma
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JUDGMENT

On June 8, 2018, plaintiff Kazi A. Rashid sought judicial review of an administrative decision by the United States Department of Agriculture ("USDA"), Food and Nutrition Services ("FNS"), to permanently disqualify him and his store, Harry's Market, from participating in the Supplemental Nutrition Assistance Program.

On July 9, 2019, the Court granted defendant's motion for summary judgment on the grounds that: (1) plaintiff did not raise a material dispute of fact that food stamp trafficking did not occur at his store, Harry's Market, see Fajardo v. United States, CV 15-4790 FMO (PLAx), 2016 WL 4010080, at *3 (C.D. Cal. July 25, 2016); and (2) FNS's decision to permanently disqualify plaintiff and his store from the food stamp program was not arbitrary or capricious. See Wong v. United States, 859 F.2d 129, 132 (9th Cir. 1988).

Accordingly, it is ORDERED and ADJUDGED that:

1. Plaintiff Kazi A. Rashid and his store Harry's Market, 8751 Compton Ave., Los Angeles, California 90002, are permanently disqualified from participating in the Supplemental Nutrition Assistance Program.

2. Defendant shall be entitled to costs pursuant to Federal Rules of Civil Procedure 54(d)(1) and Local Rules 54-2 and 54-3.

3. The Clerk of Court shall close the case.

IT IS SO ORDERED.

Source:  Leagle

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