Ferguson
Ferguson v. Centers for Medicare and Medicaid Services
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 3 ROLLINGTON FERGUSON, Case Nos. 4:19-cv-05262-YGR
Plaintiff,
ORDER GRANTING MOTION TO DISMISS
vs.
CENTERS FOR MEDICARE AND MEDICAID SERVICES, Re: Dkt. No. 36 8 Defendant.
Plaintiff Rollington Ferguson brings this action against defendant Centers for Medicare and Medicaid Services (“CMS”) seeking judicial review of a decision issued by the Departmental Appeals Board of the United States Department of Health and Human Services. Ferguson alleges violation of his rights under the due process clause of the Fourteenth and the Fifth Amendments, and unjust enrichment. Now before the Court is CMS’ motion to dismiss Ferguson’s complaint pursuant to Federal Rules of Civil Procedure Rule 12(b)(6). (Dkt. No. 36.) Ferguson opposes the motion. (Dkt. No. 37.) Having carefully considered the pleadings in this action and the papers submitted on each motion, and for the reasons set forth below, CMS’ motion to dismiss is GRANTED. I. BACKGROUND1 …