Lynncore Medgroup, Inc. v. Sebelius
MEMORANDUM ADOPTING REPORT AND RECOMMENDATIONS OF THE UNITED STATES MAGISTRATE JUDGE. Order granting 8 Motion to Dismiss/Lack of Jurisdiction. Signed by Judge Michael H. Schneider on 12/7/2011. (pad, )
United States District Court
EASTERN DISTRICT OF TEXAS
SHERM AN DIVISION
LYNNCORE MEDGROUP, INC.
KATHLEEN SEBELIUS, Secretary,
UNITED STATES DEPARTMENT OF
HEALTH AND HUMAN SERVICES,
in her official capacity
Case No. 4:11-cv-195
Judge Schneider/Judge Mazzant
MEMORANDUM ADOPTING REPORT AND
RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE
Came on for consideration the report of the United States Magistrate Judge in this action, this
matter having been heretofore referred to the United States Magistrate Judge pursuant to 28 U.S.C.
§ 636. On November 10, 2011, the report of the Magistrate Judge was entered containing proposed
findings of fact and recommendations that Defendant’s Motion to Dismiss for Lack of Subject
Matter Jurisdiction Under Rule 12(b)(1) and for Failure to State a Claim Under Rule 12(b)(6) (Dkt.
#8) be granted.
The Court, having made a de novo review of Plaintiff’s objections, is of the opinion that the
findings and conclusions of the Magistrate Judge are correct, and the objections are without merit.
Therefore, the Court hereby adopts the findings and conclusions of the Magistrate Judge as the
findings and conclusions of this Court.
It is, therefore, ORDERED that Defendant’s Motion to Dismiss for Lack of Subject Matter
Jurisdiction Under Rule 12(b)(1) and for Failure to State a Claim Under Rule 12(b)(6) (Dkt. #8) is
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GRANTED and Plaintiff’s claims are dismissed.
It is SO ORDERED.
SIGNED this 7th day of December, 2011.
MICHAEL H. SCHNEIDER
UNITED STATES DISTRICT JUDGE
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