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KOSTENKO v. U.S. DEPT. OF HEALTH AND HUMAN SERVS.

Civil Action No. 5:12-cv-01882.

916 F.Supp.2d 661 (2013)

Michael Merritt KOSTENKO, Plaintiff, v. U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, and Secretary Kathleen Sebelius, Defendants.

United States District Court, S.D. West Virginia, Beckley Division.

January 4, 2013.

Attorney(s) appearing for the Case

Michael Merritt Kostenko, Daniels, WV, pro se.

Gary L. Call, U.S. Attorney's Office, Charleston, WV, for Defendants.

MEMORANDUM OPINION AND ORDER

IRENE C. BERGER, District Judge.

The Court has reviewed the Motion of the United States of America to Dismiss for Lack of Subject Matter Jurisdiction (Document 4) and supporting memorandum (Document 5), Plaintiff's response in opposition (Document 8) and Defendant's reply (Document 9), together with Plaintiff's Petition (Document 1). After careful review, the Court grants Defendant's motion.

I. FACTUAL BACKGROUND...

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