Larios v. UNITED STATES OF AMERICA et al

Filing 57

ORDER 1. Defendants' motion, (Doc. 38), is GRANTED. 2. The motion to dismiss is GRANTED to the extent that Plaintiffs FTCA claim, 28 U.S.C. §§ 1346(b), 2671 et seq. is DISMISSED and the amended complaint against the United States is di smissed in its entirety. 3. The motion for summary judgment is GRANTED with respect to Plaintiffs Bivens claim. 4. The Clerk of Court is directed to ENTER judgment in favor of Defendants Ellen Mace-Leibson, Michael Borecky, Robert Beaudouin, R. Newla nd, L.T. Rarick, Jeremy Simonson, David Steffan, and James Hepner, and against Plaintiff on the Bivens claim. 5. The amended complaint against Defendants Eva Piotrowski and John Doe Correctional Officers is DISMISSED pursuant to Rule 4(m) of the Fede ral Rules of Civil Procedure, See FED, R. CIV, p, 4(m), 6. The Clerk of Court is further directed to CLOSE this case. 7. Any appeal from this Order is deemed frivolous and not in good faith. See 28 U.S,C. § 1915(a)(3). Signed by Honorable Robert D. Mariani on 9/20/16. (jfg)

IN THE UNITED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF PENNSYLVANIA

RICARDO T. LARIOS,

Civil No.: 3:14-cv-1572

Plaintiff

(Judge Mariani)

v.
UNITED STATES OF AMERICA, et al.,
Defendants
ORDER
AND NOW, this ()()

'fz1 day of September, 2016, upon consideration of

Defendants' motion (Doc. 38) to dismiss pursuant to Federal Rule of Civil Procedure 12(b)
or, in the alternative, for summary judgment pursuant to Federal Rule of Civil Procedure 56,
and in accordance with the Memorandum issued this date, IT IS HEREBY ORDERED
THAT:
1.

Defendants' motion, (Doc. 38), is GRANTED.

2.

The motion to dismiss is GRANTED to the extent that Plaintiffs FTCA claim,
28 U.S.C. §§ 1346(b), 2671 et seq. is DISMISSED and the amended
complaint against the United States is dismissed in its entirety.

3.

The motion for summary judgment is GRANTED with respect to Plaintiffs
Bivens claim.

4.

The Clerk of Court is directed to ENTER judgment in favor of Defendants
Ellen Mace-Leibson, Michael Borecky, Robert Beaudouin, R. Newland, L.T.
Rarick, Jeremy Simonson, David Steffan, and James Hepner, and against
Plaintiff on the Bivens claim.

5.

The amended complaint against Defendants Eva Piotrowski and John Doe

Correctional Officers is DISMISSED pursuant to Rule 4(m) of the Federal
Rules of Civil Procedure, See FED, R. CIV, p, 4(m),
6.

The Clerk of Court is further directed to CLOSE this case.

7.

Any appeal from this Order is deemed frivolous and not in good faith. See 28
U.S,C. § 1915(a)(3).

bert D. Mariani
United States District Judge

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