Hatchner v. Secretary of Health and Human Services

Filing 28

ORDER APPROVING AND ADOPTING REPORT AND RECOMMENDATION 18 , 22 , 27 ; signed by Judge Robert Holmes Bell (Judge Robert Holmes Bell, sdb)

UNITED STATES DISTRICT COURT W E S T E R N DISTRICT OF MICHIGAN S O U T H E R N DIVISION

C A R L HATCHNER, P l a in tif f , v. S E C R E T A R Y OF HEALTH & H U M A N SERVICES, et al., D e f e n d a n ts . _________________________/ C A S E NO. 1:09-cv-397 H O N . ROBERT HOLMES BELL

ORDER T h is matter is before the Court on motions to dismiss for lack of subject matter ju ris d ic tio n filed by Defendant Secretary of Health and Human Services (Dkt. No. 18) and D e f e n d a n t Blue Cross/Blue Shield of Michigan (Dkt. No. 22). On February 24, 2010, M a g is tra te Judge Joseph G. Scoville issued a report and recommendation (R&R) re c o m m e n d in g that the Court grant these motions. (Dkt. No. 27.) No objections to the R&R h a v e been filed. The Court has reviewed the R&R and believes the Magistrate Judge's

a n a lys is and conclusions to be sound. Accordingly, I T IS HEREBY ORDERED that the report and recommendation (Dkt. No. 27) is A P P R O V E D and ADOPTED as the opinion of the Court. I T IS FURTHER ORDERED that the motion to dismiss for lack of subject matter ju risd ictio n filed by Defendant Secretary of Health and Human Services (Dkt. No. 18) is

GRANTED. I T IS FURTHER ORDERED that the motion to dismiss for lack of subject matter ju risd ictio n filed by Defendant Blue Cross/Blue Shield of Michigan (Dkt. No. 22) is GRANTED.

DATED:

March 12, 2010

/s/ Robert Holmes Bell ROBERT HOLMES BELL U N IT E D STATES DISTRICT JUDGE

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