WOODS v. SECRETARY OF HEALTH AND HUMAN SERVICES

Filing 19

ORDER re adopting 17 Report and Recommendation. Defendant's motion to dismiss (Doc. 12 ) GRANTED, and this case is DISMISSED. The Clerk shall enter judgment in accordance with this Order and close the case file. Signed by JUDGE T KENT WETHERELL II on 5/10/2024. (jcw)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF FLORIDA
PENSACOLA DIVISION
DANIEL WOODS,
Plaintiff,
vs.

Case No.: 3:23cv24700/TKW/ZCB

SECRETARY OF HEALTH AND
HUMAN SERVICES, et al.,
Defendants.
_____________________________/
ORDER
This case is before the Court based on the magistrate judge’s Report and
Recommendation (Doc. 17) and Plaintiff’s objections (Doc. 18). No response to the
objections is needed.
The Court reviewed the issues raised in the objections de novo as required by
28 U.S.C. §636(b)(1) and Fed. R. Civ. P. 72(b)(3), and based on that review, the
Court agrees with the magistrate judge’s determination that this case should be
dismissed because (1) the Court lacks subject-matter jurisdiction over any claim
under 42 U.S.C. §1395w-22(g)(5) and (2) the amended complaint fails to state a
plausible discrimination claim. Accordingly, it is
ORDERED that:
1.

The magistrate judge’s Report and Recommendation is adopted and

incorporated by reference in this Order.
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2.

Defendant’s motion to dismiss (Doc. 12) GRANTED, and this case is

DISMISSED.
3.

The Clerk shall enter judgment in accordance with this Order and close

the case file.
DONE and ORDERED this 10th day of May, 2024.

__________________________________
T. KENT WETHERELL, II
UNITED STATES DISTRICT JUDGE

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