Njos v. U.S., 3:14-CV-1960. (2016)
Court: District Court, M.D. Pennsylvania
Number: infdco20160502d62
Visitors: 18
Filed: Apr. 29, 2016
Latest Update: Apr. 29, 2016
Summary: ORDER EDWIN M. KOSIK , District Judge . AND NOW, THIS 29th DAY OF APRIL, 2016, IT IS HEREBY ORDERED THAT: (1) The Amended Report and Recommendation of Magistrate Judge Martin C. Carlson filed on September 24, 2015 (Doc. 67) is ADOPTED in part and NOT ADOPTED in part ; (2) The Defendants' Motion to Dismiss, or in the Alternative, for Summary Judgment (Doc. 13) is GRANTED to the extent that Plaintiff's claims under the PREA are dismissed; Plaintiff's FTCA negligence claims against indiv
Summary: ORDER EDWIN M. KOSIK , District Judge . AND NOW, THIS 29th DAY OF APRIL, 2016, IT IS HEREBY ORDERED THAT: (1) The Amended Report and Recommendation of Magistrate Judge Martin C. Carlson filed on September 24, 2015 (Doc. 67) is ADOPTED in part and NOT ADOPTED in part ; (2) The Defendants' Motion to Dismiss, or in the Alternative, for Summary Judgment (Doc. 13) is GRANTED to the extent that Plaintiff's claims under the PREA are dismissed; Plaintiff's FTCA negligence claims against indivi..
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ORDER
EDWIN M. KOSIK, District Judge.
AND NOW, THIS 29th DAY OF APRIL, 2016, IT IS HEREBY ORDERED THAT:
(1) The Amended Report and Recommendation of Magistrate Judge Martin C. Carlson filed on September 24, 2015 (Doc. 67) is ADOPTED in part and NOT ADOPTED in part;
(2) The Defendants' Motion to Dismiss, or in the Alternative, for Summary Judgment (Doc. 13) is GRANTED to the extent that Plaintiff's claims under the PREA are dismissed; Plaintiff's FTCA negligence claims against individual employees of the BOP are dismissed with prejudice; Plaintiff's FTCA medical negligence claim is dismissed without prejudice; Plaintiff's Eighth Amendment claims are dismissed without prejudice; and, Plaintiff's pendent tort claim for intentional infliction of emotional distress is dismissed without prejudice; and,
(3) Plaintiff is allowed thirty (30) days from the date of this Order in which to file an Amended Complaint in conformity with the accompanying Memorandum.
Source: Leagle
