Bear v. United States of America et al

Filing 12

ORDER approving and adopting 10 Non-Final Report and Recommendations. The FTCA claim is DISMISSED without prejudice. Plaintiff's Bivens claims for deliberate indifference to his medical needs and conspiracy against Dr. Martin and unknown medica l staff at USP Atlanta be ALLOWED TO PROCEED. A Bivens claim for retaliation against Dr. Martin should also be ALLOWED TO PROCEED. Plaintiffs claim for injunctive relief against Dr. Martin and USP Atlanta medical staff should be DENIED AS MOOT. Signed by Judge Thomas W. Thrash, Jr on 6/15/16. (jkl) Text modified on 6/16/2016 (jkl).

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION
MICHAEL BEAR,
Plaintiff,
v.

CIVIL ACTION FILE
NO. 1:16-CV-102-TWT

UNITED STATES OF AMERICA, et
al.,
Defendants.

ORDER

This is a pro se Federal Tort Claims Act action brought by a federal prisoner.
It is before the Court on the Report and Recommendation [Doc. 10] of the Magistrate
Judge recommending dismissing the FTCA claim for failure to exhaust administrative
remedies and allowing the other claims to go forward. No objections to the Report and
Recommendation have been filed. The Court approves and adopts the Report and
Recommendation as the judgment of the Court. The FTCA claim is DISMISSED.
SO ORDERED, this 15 day of June, 2016.

/s/Thomas W. Thrash
THOMAS W. THRASH, JR.
United States District Judge
T:\ORDERS\16\Bear\r&r.wpd