Rueben v. Outlaw et al

Filing 23

ORDER ADOPTING 4 Partial Report and Recommendations Signed by Judge D. P. Marshall Jr. on 5/23/13. (kpr)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
EASTERN DIVISION

MAURICIO RUEBEN,
REG. #59216-079
v.

PLAINTIFF

No. 2:13-cv-33-DPM-JTK

T. C. OUTLAW, Warden, FCI-Forrest
City; D. W. HEUETT, Assistant Warden,
FCI-Forrest City; WILLIAM RESTO,
Clinical Director, FCI-Forrest City;
MARY E. GRAHAM, Health Services
Administrator, FCI-Forrest City;
JEFFREY HAMMER, Physician Assistant,
FCI-Forrest City; MISTY RIOS, Registered
Nurse, FCI-Forrest City; RHONDA LANGLEY,
Registered Nurse, FCI-Forrest City;
R. M. MILLER, Registered Nurse, FCIForrest City; MICHELLE WINGO, Physician
Assistant, FCI-Forrest City

DEFENDANTS

ORDER
Rueben has objected to Magistrate Judge Jerome T. Kearney's
recommendation, NQ 4, that the Court dismiss his Federal Tort Claims Act
claim without prejudice. On de novo review, FED. R. CIV. P. 72(b)(3), the Court
adopts the recommendation. "When someone is injured by a tort committed

by an employee of the United States who is acting within the scope of his
employment, that employee cannot be sued. Rather, the injured person must

sue the United States which is liable in its employee's stead." Knowles v.

United States, 91 F.3d 1147, 1150 (8th Cir. 1996).
So Ordered.

D.P. Marshall Jr.
United States District Judge