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SAN CARLOS APACHE TRIBE v. AZAR

No. CV-19-05624-PHX-NVW.

482 F.Supp.3d 932 (2020)

SAN CARLOS APACHE TRIBE, Plaintiff, v. Alex AZAR, Secretary, U.S. Department of Health and Human Services; Michael Weahkee, Principal Deputy Director, Indian Health Service; United States of America, Defendants.

United States District Court, D. Arizona.

Signed August 31, 2020.

Attorney(s) appearing for the Case

Alexander Bennett Ritchie, Office of the Attorney General, San Carlos, AZ, Lloyd B. Miller, Pro Hac Vice, Rebecca A. Patterson, Pro Hac Vice, Sonosky Chambers Sachse Miller & Munson LLP, Anchorage, AK, for Plaintiff.

Brock Jason Heathcotte, US Attorneys Office, Phoenix, AZ, for Defendants.

ORDER

Before the Court is Defendants' Motion to Dismiss Count II of Plaintiff's Complaint (Doc. 13). For the reasons stated below, the motion shall be granted.

A. 25 U.S.C. § 5325(a)

The Indian Health Service ("IHS") is not required by the Indian Self-Determination...

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