Ferguson
Ferguson v. Centers for Medicare and Medicaid Services
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 5 ROLLINGTON FERGUSON, Case No. 4:19-cv-05262-YGR
Plaintiff, ORDER DENYING MOTION TO
ALTER/AMEND JUDGMENT
vs.
CENTERS FOR MEDICARE AND MEDICAID Re: Dkt. No.
SERVICES,
10 Defendant. 11 Pro se 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 Ferguson’s motion to alter or amend the judgment under Federal Rule of Civil Procedure 59(e). (Dkt. No. 46.) The Court previously dismissed Ferguson’s complaint due the running of a sixty-day statute of limitations period. (See Dkt. No. 45.) CMS opposes the motion. (Dkt. No. 47.) The motion is now fully briefed. (See Dkt. No. 48.) …