Beckwith et al v. Valencick et al

Filing 94

ORDER granting 64 Motion to Dismiss; granting 64 Motion for Summary Judgment as follows: The motion (Doc. 64) for summary judgment is GRANTED as follows:a.The motion is GRANTED on the ground that Plaintiff did not properly exhaust administrativ e remedies with respect to the Bivens claims before filing suit. b.The Clerk of Court is directed to ENTER judgment in favor of Defendants Valencik, Oddo, and Heath as to the Bivens claims.2.The motion (Doc. 64) to dismiss is GRANTED as follows:a.Def endants Oddo and Santana are DISMISSED from the Bivens action for lack of personal involvement.b.Defendants Cozza-Rhodes and Santana are DISMISSED from the Bivens action for lack of jurisdiction.c.The FTCA claim against the United States is DISMISSED on the ground that Plaintiff did not properly exhaust administrative tort claim remedies before filing suit.3.The Clerk of Court is directed to CLOSE this action.4.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 9/18/19 (jam)