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MARK CHANGIZI; MICHAEL P. SENGER; DANIEL KOTZIN,
Plaintiffs-Appellants,
v.
DEPARTMENT OF HEALTH AND HUMAN SERVICES; VIVEK MURTHY, in his official capacity as U.S. Surgeon General; XAVIER BECERRA, in his official capacity as Secretary of Health and Human Services,
Defendants-Appellees.
   No. 22-3573
Appeal from the United States District Court for the Southern District of Ohio at Columbus.
No. 2:22-cv-01776—Edmund A. Sargus, Jr., District Judge.
Argued: June 15, 2023
Decided and Filed: September 14, 2023
Before: BOGGS, WHITE, and BUSH, Circuit Judges.


_________________________
OPINION
_________________________

JOHN K. BUSH, Circuit Judge. Several Twitter users were temporarily or permanently banned from the platform for posting alleged COVID-19 misinformation. Rather than sue Twitter, these users chose to sue the United States Department of Health and Human Services, its Secretary, and the United States Surgeon General (collectively, HHS). Though these users asserted claims under the First Amendment, Fourth Amendment, and Administrative Procedure Act, the district court dismissed their complaint for lack of jurisdiction and failure to state a claim. On appeal, we ask: are Twitter’s actions traceable to the federal government? Based on the facts alleged in the complaint, no. We affirm.