Ortega v. United States Of America et al

Filing 38

ORDER ADOPTING REPORT AND RECOMMENDATIONS: IT IS HEREBY ORDERED that the Report & Recommendation (Doc. 37) is ADOPTED as follows:(1)Plaintiffs motion to withdraw his Bivens claims (Doc. 33) is GRANTED.(2)Defendants motion to dismiss and for summary judgment (Doc. 21) is GRANTED in part and DENIED in part. Defendants motion to dismiss the FTCA claims against all Defendants except the United States is GRANTED and the FTCA claims against those Defendants are DISMISSED with prejudice. Defendants motion for summary judgment on Plaintiffs FTCA claim against the United States is DENIED. (3)The matter is RECOMMITTED to Magistrate Judge Schwab for further proceedings. Signed by Honorable A. Richard Caputo on 3/6/14. (jam)

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