Patrick v. UNITED STATES OF AMERICA et al

Filing 29

ORDER ADOPTING 27 REPORT AND RECOMMENDATIONS. Signed by Chief Judge Kristi K. DuBose on 07/24/2018. (nah)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
NORTHERN DIVISION
SONIA PATRICK,
Plaintiff,
v.
UNITED STATES OF AMERICA, et al.,
Defendants.

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CIVIL ACTION 2:17-00525-KD-N

ORDER
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 this the 24th day of July 2018.
/s/ Kristi K. DuBose
KRISTI K. DuBOSE
CHIEF UNITED STATES DISTRICT JUDGE