Wesley v. United States of America

Filing 31

ORDER ADOPTING REPORT AND RECOMMENDATIONS 28 . It is ordered that defendant's motion to dismiss the FTCA claims for lack of jurisdiction is granted and that its motion for summary judgment for summary judgment as to the Bivens claims is likewis e granted. Plaintiff's complaint as to the FTCA claims is dismissed without prejudice and with prejudice as to the Bivens claims. A separate judgment will be entered in accordance with Rule 58 of the Federal Rules of Civil Procedure. Signed by District Judge Tom S. Lee on 2/28/2017 (ND)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF MISSISSIPPI
NORTHERN DIVISION

ARVEL JERMAINE WESLEY # 24308-018
VS.

PLAINTIFF

CIVIL ACTION NO. 3:15CV598TSL-RHW

UNITED STATES OF AMERICA AND
LIEUTENANT HENDERSON

DEFENDANTS
ORDER

This cause is before the court on the report and
recommendation of Magistrate Judge Robert H. Walker entered on
February 13, 2017, recommending that the government’s motion to
dismiss plaintiff’s FTCA claims for lack of jurisdiction be
granted and that its motion for summary judgment as to the Bivens
claims be granted based on plaintiff’s failure to exhaust his
administrative remedies.

Plaintiff Arvel Jermaine Wesley has not

filed objections and the time for doing so has since expired.
Having reviewed the report and recommendation, the court concludes
that the motions are well taken and hereby adopts, as its own
opinion, the magistrate judge’s report and recommendation.
Based on the foregoing, it is ordered that the report
and recommendation of United States Magistrate Robert H. Walker
entered on February 13, 2017, be, and the same is hereby, adopted
as the finding of this court.

Accordingly, it is ordered that

defendant’s motion to dismiss the FTCA claims for lack of
jurisdiction is granted and that its motion for summary judgment
for summary judgment as to the Bivens claims is likewise granted.

Plaintiff’s complaint as to the FTCA claims is dismissed without
prejudice and with prejudice as to the Bivens claims.
A separate judgment will be entered in accordance with Rule
58 of the Federal Rules of Civil Procedure.
SO ORDERED this 28th day of February, 2017.

/s/ Tom S. Lee
UNITED STATES DISTRICT JUDGE

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