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RAYMOND H. GIESSE,
Plaintiff-Appellant,
v.
SECRETARY OF THE DEPARTMENT OF HEALTH AND HUMAN SERVICES; DEPARTMENTAL APPEALS BOARD, Medicare Appeals Council; KAISER PERMANENTE HEALTH PLAN OF OHIO; MAXIMUS CENTER FOR HEALTH DISPUTE RESOLUTION; JEANNIE CHRISTIANSEN, Kaiser Permanente Health Plan of Ohio,
Defendants-Appellees.


No. 06-4497

Appeal from the United States District Court
for the Northern District of Ohio at Cleveland.
No. 04-02536—Lesley Brooks Wells, District Judge.
Submitted: December 6, 2007
Decided and Filed: April 23, 2008
Before: MERRITT, COLE, and GRIFFIN, Circuit Judges.

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OPINION
_________________________

GRIFFIN, Circuit Judge. Plaintiff-appellant Raymond Giesse appeals the district court’s grant of two motions to dismiss for lack of subject matter jurisdiction after he filed a suit seeking damages subsequent to an alleged wrongful termination of medical care. Plaintiff argues that the district court had jurisdiction over his claims because he has a vested “property interest” in the receipt of Medicare benefits, and that the termination of these benefits, without adequate due process, amounted to a deprivation of his constitutional rights. Because he alleges constitutional claims, and because these claims are “wholly collateral” to his administrative claims, plaintiff contends that his federal claims do not “arise under” the Medicare Act, and may therefore be addressed by the district court. In the alternative, plaintiff argues that an implied right of action exists in the Medicare context under Bivens v. Six Unknown Agents of the Federal Bureau of Narcotics, 403 U.S. 388 (1971). We disagree and affirm the judgment of the district court.