San Carlos Apache Tribe v. Azar

1 WO 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 San Carlos Apache Tribe, No. CV-19-05624-PHX-NVW 10 Plaintiff, 11 v. ORDER 12 Alex Azar, Secretary, U.S. Department of 13 Health and Human Services; Michael Weahkee, Principal Deputy Director, Indian 14 Health Service; United States of America, 15 Defendants. 16 17 Before the Court is Defendants’ Motion to Dismiss Count II of Plaintiff’s Complaint 18 (Doc. 13). For the reasons stated below, the motion shall be granted.

19 A. 25

U.S.C. § 5325(a) 20 The Indian Health Service (“IHS”) is not required by the Indian…