Njos v. United States Of America et al

Filing 83

ORDER adopting in part the Amended Report and Recommendations 67 and granting 13 Defendants Motion to Dismiss. Plaintiff is allowed thirty (30) days from the date of this Order in which to file an Amended Complaint in conformity with the accompanying Memorandum. Signed by Honorable Edwin M. Kosik on 4/29/2016 (emksec, )

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF PENNSYLVANIA
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SCOTT NJOS,

Plaintiff,
v.

UNITED STATES OF AMERICA,
Defendant.
________________________________

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CIVIL ACTION NO. 3:14-CV-1960
(Judge Kosik)

ORDER
AND NOW, THIS 29th DAY OF APRIL, 2016, IT IS HEREBY ORDERED
THAT:
(1) The Amended Report and Recommendation of Magistrate Judge Martin C.
Carlson filed on September 24, 2015 (Doc. 67) is ADOPTED in part and NOT
ADOPTED in part;
(2) The Defendants’ Motion to Dismiss, or in the Alternative, for Summary
Judgment (Doc. 13) is GRANTED to the extent that Plaintiff’s claims under the
PREA are dismissed; Plaintiff’s FTCA negligence claims against individual
employees of the BOP are dismissed with prejudice; Plaintiff’s FTCA medical
negligence claim is dismissed without prejudice; Plaintiff’s Eighth Amendment claims
are dismissed without prejudice; and, Plaintiff’s pendent tort claim for intentional
infliction of emotional distress is dismissed without prejudice; and,
(3) Plaintiff is allowed thirty (30) days from the date of this Order in which to
file an Amended Complaint in conformity with the accompanying Memorandum.

s/Edwin M. Kosik
Edwin M. Kosik
United States District Judge