Thierry v. Secretary of Health and Human Services

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION
CHRISTOPHER MATTHEW THIERRY
vs
SECRETARY of HEALTH and
HUMAN SERVICES, et al
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§ 	CIVIL ACTION NO. H-25-3765
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ORDER ADOPTING MEMORANDUM AND ORDER
Pending before the Court in the above referenced proceeding is Defendant's Motion to
Dismiss (Doc. No. 15); and Magistrate Judge Bryan' s Memorandum and Recommendation (Doc.
No 18). Plaintiff did not file a timely response to the Motion to Dismiss as required by Rules 7 .3
and 7.4 of the Local Rules of the Southern District of Texas. 	Nor did Plaintiff file objections to
Magistrate Judge Bryan' s Memorandum and Recommendation and the time for doing so has passed.
Upon review, the Court agrees with the Magistrate Judge' s conclusion that Plaintiff failed
to exhaust his administrative remedies and does not meet the jurisdictional minimum amount in
controversy. Accordingly, the Court hereby
ORDERS that the Memorandum and Recommendation (Doc. No. 18) is ADOPTED, and
Defendant, Secretary of Health and Human Services' Motion to dismiss (Doc. No. 15) is
GRANTED.
Plaintiffs case is DISMISSED without prejudice.
Entry of this Order shall constitute entry of final judgment.
f"\ 3 ' ~SIGNED on this 	·_,_., 	day of March 2026.
~) \~.~ANDREWS. HANEN
UNITED STATES DISTRICT JUDGE
United States District Court
Southern District of Texas
ENTERED
March 23, 2026
Nathan Ochsner, Clerk
Case 4:25-cv-03765 Document 19 Filed 03/23/26 in TXSD Page 1 of 1