Texas Medical Enterprises, Inc. v. Sebelius

Filing 40

ORDER ADOPTING 37 REPORT AND RECOMMENDATIONS. The Motion to Dismiss for Lack of Subject Matter Jurisdiction and for Failure to State a Claim 37 is GRANTED. The complaint is DISMISSED without prejudice for lack of subject matter jurisdiction. Any motion not previously ruled on is DENIED. Signed by Judge Ron Clark on 6/24/13. (ljw, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
LUFKIN DIVISION

TEXAS MEDICAL ENTERPRISES, INC.

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v.

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SECRETARY, DHHS KATHLEEN
SEBELIUS

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CIVIL ACTION NO. 9:13CV27

ORDER ADOPTING REPORT AND
RECOMMENDATION OF UNITED STATES
MAGISTRATE JUDGE

The Report and Recommendation of the Magistrate Judge, which contains her findings,
conclusions, and recommendation for the disposition of Defendant’s Motion to Dismiss for Lack of
Subject Matter Jurisdiction and Failure to State a Claim (document #37) has been presented for
consideration. The Report and Recommendation recommends that the motion be granted and that
the complaint be dismissed without prejudice for lack of subject matter jurisdiction. Plaintiff filed
written objections to the Report and Recommendation on June 12, 2013.
Having made a de novo review of the written objections filed by Plaintiff, the Court finds that
the findings and conclusions of the Magistrate Judge are correct and the objections are without merit.
The Court, therefore, adopts the findings and conclusions of the Magistrate Judge as those of the
Court.
In light of the foregoing, it is

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ORDERED that the Motion to Dismiss for Lack of Subject Matter Jurisdiction and for
Failure to State a Claim (document #37) is GRANTED. The complaint is DISMISSED without
prejudice for lack of subject matter jurisdiction. Any motion not previously ruled on is DENIED.
So ORDERED and SIGNED this 24 day of June, 2013.

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Ron Clark, United States District Judge

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