Lichtenberg v. United States of America

Filing 34

ORDER DISMISSING IN PART PLAINTIFF'S AMENDED COMPLAINT FOR DAMAGES 31 - Signed by CHIEF JUDGE SUSAN OKI MOLLWAY on 1/27/11. (The Bivens claim against Giron for allegedly failing to provide proper medication shall proceed. The Bivens claims against Giron for allegedly failing to diagnose Lichtenberg's cancer is DISMISSED pursuant to 28 U.S.C. § 1915(e)(2) and § 1915A(b). Because amendment is futile, that claim is DISMISSED with prejudice. The Bivens claims against Rathman and McGrew for allegedly failing to supervise Giron and for keeping Lichtenberg in unhealthy prison conditions that allegedly caused his cancer, are DISMISSED pursuant to 28 U.S.C. § 1915(e)(2) and § 1915A (b). Because amendment is futile, those claims are DISMISSED with prejudice. The FTCA claim against the United States shall proceed. Insofar as the FTCA claim is alleged against Giron, Rathman, and McGrew, individually, it is DISMISSED with prejudice . The Bivens claim against the United States Marshal is DISMISSED without prejudice to refiling in a separate complaint and action. The Amended Complaint shall be deemed served upon Defendant United States upon the date of the filing of thi s order. The Clerk is directed to serve a copy of this order on Plaintiff and on the United States Marshals Service, at 300 Ala Moana Blvd., Room C-109, Honolulu, HI 96850-0229. The Clerk is directed to send Plaintiff one 1 summons, one 1 USM- 285 form, one 1 Notice of Lawsuit and Request for Waiver of Service for Summons forms (AO 398), one 1 Waiver of Service of Summons forms (AO 399), with their instruction sheets, and a copy of the endorsed Amended Complaint.) (emt, )CERTIFICATE OF SERVICE As a registered participant of CM/ECF, Harry Yee, AUSA received this order electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Andrew L. Lichtenberg shall be served by First Class Mail at the address of record on January 28, 2011. A copy of this order shall be forwarded to the U.S. Marshals Service electronically and through interoffice delivery.