Ramirez v. United States of America

Filing 53

ORDER - Based on the foregoing, and on all of the files and records herein, the Court OVERRULES plaintiffs objection 52 and ADOPTS the R&R 50 . IT IS HEREBY ORDERED THAT: The government's motion to dismiss or for summary judgment 25 is GRANTED. This action is DISMISSED WITH PREJUDICE AND ON THE MERITS. LET JUDGMENT BE ENTERED ACCORDINGLY. (Written Opinion). Signed by Judge Patrick J. Schiltz on 02/21/13. (bjs) (cc: Daniel Pena Ramirez) Modified on 2/21/2013 (jz).

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
DANIEL PENA RAMIREZ,

Case No. 11-CV-2931 (PJS/AJB)

Plaintiff,
v.

ORDER

UNITED STATES OF AMERICA,
Defendant.
Daniel Pena Ramirez, pro se.
Lonnie F. Bryan, UNITED STATES ATTORNEY’S OFFICE, for defendant.
Plaintiff Daniel Ramirez brings this action alleging medical malpractice under the Federal
Tort Claims Act (“FTCA”), 28 U.S.C. § 2671 et seq., and seeking an injunction requiring
medical treatment. This matter is before the Court on Ramirez’s objection to the February 4,
2013 Report and Recommendation (“R&R”) of Chief Magistrate Judge Arthur J. Boylan.
Judge Boylan recommends granting the government’s motion to dismiss or for summary
judgment. The Court has conducted a de novo review. See 28 U.S.C. § 636(b)(1); Fed. R. Civ.
P. 72(b). Based on that review, the Court adopts the R&R and grants the government’s motion.
ORDER
Based on the foregoing, and on all of the files and records herein, the Court
OVERRULES plaintiff’s objection [ECF No. 52] and ADOPTS the R&R [ECF No. 50]. IT IS
HEREBY ORDERED THAT:
1.

The government’s motion to dismiss or for summary judgment [ECF No. 25] is
GRANTED.

2.

This action is DISMISSED WITH PREJUDICE AND ON THE MERITS.

LET JUDGMENT BE ENTERED ACCORDINGLY.
Dated: February 21, 2013

s/Patrick J. Schiltz
Patrick J. Schiltz
United States District Judge

-2-