Marigne v. The United States Attorney for the Southern District of Georgia

Filing 12

ORDER adopting the 8 Report and Recommendation of the Magistrate Judge as the opinion of the Court; dismissing Plaintiff's complaint for failure to state a claim; and closing this civil action. Signed by Judge J. Randal Hall on 07/14/2014. (jah)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF GEORGIA
AUGUSTA DIVISION

MELVIN MARIGNE,
Plaintiff,
CV 114-123

v.

THE UNITED STATES ATTORNEY
FOR THE SOUTHERN DISTRICT OF

GEORGIA,
Defendant.

ORDER

After a careful, de novo review of the file, the Court concurs with the Magistrate
Judge's Report and Recommendation, to which objections have been filed. (Doc. nos.

10, 11.)

Plaintiff does not offer any new information, evidence, or argument that

warrants a deviation from the Magistrate Judge's recommendation. In addition to the
reasons for dismissal stated in the Report and Recommendation, the Court notes that the
United States Attorney is not a proper defendant for a medical malpractice claim under
the Federal Tort Claims Act.

Accordingly, the Court ADOPTS the Report and

Recommendation of the Magistrate Judge as its opinion, DISMISSES Plaintiffs

complaint for failure to state a claim, and CLOSES this civil action.

SO ORDERED this /<ffday ofJulv^eHr^t Augusta, Georgia.

HONORABLE J. RANDAL HALL

UNITED STATES DISTRICT JUDGE
SOUTHERN DISTRICT OF GEORGIA