Kahn v. Inspector General of the United States Department of Health & Human Services

KEENAN, District Judge:

Before the Court is defendant’s motion to dismiss this action for failure to state a claim upon which relief can be granted, pursuant to Fed.R.Civ.P. 12(b)(6). Alternatively, defendant moves for judgment on the pleadings, pursuant to Fed.R.Civ.P. 12(c). Plaintiff opposes defendant’s motion. For the reasons that follow, defendant’s motion to dismiss is granted.

BACKGROUND

Plaintiff Lloyd M. Kahn is a podiatrist. On April 1, 1991, Kahn pleaded guilty to a charge of attempted grand larceny in the fourth degree in Supreme Court Albany County for illegally receiving funds.…