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Bruno v. United States, 3:18cv1390-TKW-HTC. (2019)

Court: District Court, N.D. Florida Number: infdco20191230651 Visitors: 20
Filed: Dec. 27, 2019
Latest Update: Dec. 27, 2019
Summary: ORDER T. KENT WETHERELL, II , District Judge . This case is before the Court based upon the magistrate judge's Report and Recommendation (Doc. 83) and the objections filed by Plaintiff (Doc. 84). Based on my de novo review of the issues raised in the objections, I agree with the magistrate judge that Plaintiff's claims are barred by the discretionary function exception in the Federal Tort Claims Act and that, in any event, Plaintiff failed to present sufficient evidence to support a neglig
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ORDER

This case is before the Court based upon the magistrate judge's Report and Recommendation (Doc. 83) and the objections filed by Plaintiff (Doc. 84). Based on my de novo review of the issues raised in the objections, I agree with the magistrate judge that Plaintiff's claims are barred by the discretionary function exception in the Federal Tort Claims Act and that, in any event, Plaintiff failed to present sufficient evidence to support a negligence claim. Accordingly, it is

ORDERED that:

1. The magistrate judge's Report and Recommendation is adopted and incorporated by reference in this Order. 2. Plaintiff's motion for summary judgment (Doc. 61) is DENIED. 3. Defendant's motion to dismiss or, in the alternative, motion for summary judgment (Doc. 64) is GRANTED. 4. The Clerk shall enter judgment in favor of Defendant and close the file.

DONE and ORDERED.

Source:  Leagle

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