Patrick v. U.S., 2:17-00525-KD-N. (2018)
Court: District Court, S.D. Alabama
Number: infdco20180725782
Visitors: 17
Filed: Jul. 24, 2018
Latest Update: Jul. 24, 2018
Summary: ORDER KRISTI K. DuBOSE , Chief District Judge . After due and proper consideration of the issues raised, and there having been no objections filed, the Report and Recommendations of the Magistrate Judge made under 28 U.S.C. 636(a)-(b) and S.D. Ala. Gen. LR 72(a)-(b), and dated July 6, 2018, is ADOPTED as the opinion of this Court. Accordingly, it is ORDERED that: 1) Whatley's First Motion to Dismiss (Doc. 18) is GRANTED under Rule 12(b)(1), and alternatively under Rule 12(b)(6); 2
Summary: ORDER KRISTI K. DuBOSE , Chief District Judge . After due and proper consideration of the issues raised, and there having been no objections filed, the Report and Recommendations of the Magistrate Judge made under 28 U.S.C. 636(a)-(b) and S.D. Ala. Gen. LR 72(a)-(b), and dated July 6, 2018, is ADOPTED as the opinion of this Court. Accordingly, it is ORDERED that: 1) Whatley's First Motion to Dismiss (Doc. 18) is GRANTED under Rule 12(b)(1), and alternatively under Rule 12(b)(6); 2)..
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ORDER
KRISTI K. DuBOSE, Chief District Judge.
After due and proper consideration of the issues raised, and there having been no objections filed, the Report and Recommendations of the Magistrate Judge made under 28 U.S.C. § 636(a)-(b) and S.D. Ala. Gen. LR 72(a)-(b), and dated July 6, 2018, is ADOPTED as the opinion of this Court. Accordingly, it is ORDERED that:
1) Whatley's First Motion to Dismiss (Doc. 18) is GRANTED under Rule 12(b)(1), and alternatively under Rule 12(b)(6);
2) the United States' motion to partially dismiss (Doc. 12) is GRANTED under Rule 12(b)(1) as to Plaintiff's tort claims related to Dr. Rowe's prescription of opioids, but otherwise is DENIED;
3) the United States' unopposed motion for extension of time to file a responsive pleading (Doc. 12) is GRANTED, such that the Rule 12(a)(4)(A) deadline for the United States to file its responsive pleading is extended from 14 days to 30 days following entry of the Court's order disposing of the United States' motion to dismiss; and
4) the Court sua sponte STRIKES the Complaint's Second Cause of Action under Rule 12(f) as redundant.
DONE and ORDERED
Source: Leagle
