Stolmayer v. McCarthy

*692 OPINION AND ORDER

Dan Aaron Polster, United States District Judge

Plaintiffs Joseph and Wilma Stolmayer filed this lawsuit under 42 U.S.C. § 1983 challenging Defendant Director of the Ohio Department of Medicaid John B. McCarthy’s decision imposing an improper transfer penalty and granting Ms. Stol-mayer less than full Medicaid coverage. Before the Court is a motion to dismiss filed by Defendant. (Doc. # : 5). Plaintiffs have filed a response (Doc. # : 7), and Defendant has replied. (Doc. #: 8). For the reasons stated below, Defendant’s motion is granted.

I

Since August 2014, Plaintiff Ms.…