Batista v. United States of America

Filing 113

ORDER ADOPTING REPORT AND RECOMMENDATION (Written Opinion). Signed by Judge Patrick J. Schiltz on July 26, 2017. (CLG) cc: Plaintiff. Modified on 7/26/2017 (lmb).

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA

LUIS M. BATISTA

,

CIVIL NO. 16-794 (PJS/DTS)

Plaintiff,
v.

ORDER

UNITED STATES OF AMERICA,
JOHN DUNLOP, D.O.,
ANDREW SCHUMACHER, PA,
JENNIFER GRIFFITH, PA-C, and
NOEL JENSEN,
Defendants.
The

above

matter

comes

before

the

Court

upon

the

Report

and

Recommendation of United States Magistrate Judge David T. Schultz dated June 9,
2017 and the Supplemental Report and Recommendation dated June 29, 2107. No
objections have been filed to those Reports and Recommendations in the time period
permitted.
The Court, being duly advised in the premises, upon the Reports and
Recommendations of the Magistrate Judge, and upon all of the files, records and
proceedings herein, now makes and enters the following Order.
IT IS HEREBY ORDERED:
1.

Defendants United States, Dunlop, Schumacher and Griffith’s motion to

dismiss (ECF No. 63) Batista’s First Amended Complaint is GRANTED in part and
DENIED in part as follows:

a.

The motion is GRANTED as to all claims against defendants

Dunlop, Schumacher and Griffith, and such claims are DISMISSED without
prejudice for lack of personal jurisdiction.
b.

The motion to dismiss claims against the United States based on

the IACA is DENIED.
c.

The motion is GRANTED as to Batista’s medical malpractice claims

regarding conduct that occurred in Minnesota, and such claims are DISMISSED
with prejudice for failure to comply with Minn. Stat. § 145.682.
d.

The motion is GRANTED as to Batista’s FTCA negligence claim

against the United States that is based on Jensen’s acts or omissions, and that
such claim be DISMISSED.
2.

Batista’s request to transfer venue (ECF No. 86) is DENIED without

prejudice.
LET JUDGMENT BE ENTERED ACCORDINGLY.
Dated: 7/26/2017
s/Patrick J. Schiltz
PATRICK J. SCHILTZ
United States District Court Judge

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