McAdam v. United States Food and Drug Administration et al

Filing 23

ORDER ADOPTING FINDINGS AND RECOMMENDATIONS; granting 3 Motion to Dismiss. Plaintiff's Complaint is Dismissed with prejudice. Signed by Judge Sam E Haddon on 10/23/2013. Hard copy to Plaintiff Toby McAdam (CLR) Modified on 10/23/2013 to correct text(CLR).

FILED
OCT 2 3 2013
Clerk, U S District Court
District Of Mont•na
Billings

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
BILLINGS DIVISION
TOBY C. McADAM,
Plaintiff,

No. CV-12-137-BLG-SEH

vs.
ORDER
UNITED STATES FOOD AND
DRUG ADMINISTRATION;
MARGARET A. HAMBURG,
COMMISSIONER OF FDA,
Defendants.

United States Magistrate Judge Carolyn S. Ostby entered Findings and
Recommendations in this matter on September 30, 2013. 1 Plaintiff filed
objections on October 18, 2013. 2 The Court reviews de nova findings and
recommendations to which objections are made. 28 U.S.C. § 636(b)(l).
Upon de nova review of the record, I find no error in Judge Ostby' s
Findings and Recommendations and adopt them in full. The claims asserted by

1

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2

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Plaintiff may be dismissed because: 1) they constitute an impermissible collateral
attack on the Consent Decree entered in Cause CV-10-128-BLG-RFC on
November 4, 2010, 2) they are barred by the doctrine of res judicata, and 3) the
United States is immune from liability for constitutional torts.
ORDERED:
1.

Defendants' Motion to Dismiss 3 is GRANTED.

2.

Plaintiff's Complaint is DISMISSED with prejudice.

3.

The Clerk is directed to enter judgment accordingly.

DATEDthis ~

/J!l.
dayofOctober,2013.

/SAME. HADDON
United States District Judge

3

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