West v. Tafelski et al

Filing 56

ORDER ADOPTING REPORT AND RECOMMENDATIONS - IT IS ORDERED THAT: 1. The Court ADOPTS the Report and Recommendation {51] of Magistrate Judge Saporito;2. Plaintiffs objections (Doc. Nos. 52 , 53 ), are OVERRULED; 3. Plaintiffs amended complaint 44 is DISMISSED pursuant to Federal Rule of Civil Procedure 12(b)(1); and 4. The Clerk of Court is directed to CLOSE this case. Signed by Honorable Yvette Kane on 9/26/17. (rw)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
RONALD BLUE WEST,
Plaintiff
v.
UNITED STATES OF AMERICA,
Defendant

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No. 3:16-cv-2460
(Judge Kane)
(Magistrate Judge Saporito)

ORDER
Before the Court in the above-captioned action is the August 23, 2017 Report and
Recommendation of Magistrate Judge Saporito (Doc. No. 51), recommending dismissal of this
case for lack of subject matter jurisdiction pursuant to Federal Rule of Civil Procedure 12(b)(1).
Plaintiff filed an objection to the Report and Recommendation on September 8, 2017 (Doc. No.
52), and an amendment to his objection on the same date (Doc. No. 53). Defendant filed a brief
in opposition to Plaintiff’s objection on September 21, 2017. (Doc. No. 54.)
In his objection, Plaintiff repeats information stated in his amended complaint, but does
not challenge the basis for Magistrate Judge Saporito’s conclusion that this Court lacks subject
matter jurisdiction over Plaintiff’s Federal Tort Claims Act (“FTCA”), claim in the absence of an
allegation of physical injury. See 28 U.S.C. § 1346(b)(2) (providing that, under the FTCA, an
inmate is precluded from bringing “a civil action against the United States . . . for mental or
emotional injury suffered while in custody without a prior showing of physical injury”).

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ACCORDINGLY, on this 26th day of September 2017, upon independent review of the
record and the applicable law, IT IS ORDERED THAT:
1.

The Court ADOPTS the Report and Recommendation (Doc. No. 51), of
Magistrate Judge Saporito;

2.

Plaintiff’s objections (Doc. Nos. 52, 53), are OVERRULED;

3.

Plaintiff’s amended complaint (Doc. No. 44-1), is DISMISSED pursuant to
Federal Rule of Civil Procedure 12(b)(1); and

4.

The Clerk of Court is directed to CLOSE this case.

s/ Yvette Kane
Yvette Kane, District Judge
United States District Court
Middle District of Pennsylvania

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