Holton v. United States of America et al

Filing 33

ORDER - In accord with the accompanying Memorandum 32 : 1. The R and R of MJ Arbuckle 28 is ADOPTED in all regards except as to the R and Rs reasoning in denying the gvts mtn to dismiss pltfs claim for ordinary negligence;2. The gvts Partial Objec tion to the R and R is OVERRULED in substantial part;3. The gvts Mtn to Dismiss 17 is GRANTED in part and DENIED in part as follows:a. All claims against Dfts Brosious, Mace-Liebson, Spiese, and the Director of the Federal Bureau of Prisons are DIS MISSED WITH PREJUDICE, and Dfts Brosious, Mace-Liebson, Spiese, and the Director of the Federal Bureau of Prisons are TERMINATED as parties to this action;b. Pltfs intentional infliction of emotional distress, negligent supervision, and negligent hir ing claims are DISMISSED WITH PREJUDICE; andc. Dfts mtn to dismiss pltfs ordinary negligence and medical malpractice claims is DENIED.4. The Court ADOPTS ALTERNATIVE REASONING, outlined in the accompanying memorandum, for denying the gvts mtn to dismiss the ordinary negligence claim; and5. This case is REMANDED to MJ Arbuckle for further proceedings. Signed by Honorable Sylvia H. Rambo on 5/9/24. (ma)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
RUBEN C. HOLTON,
Plaintiff,
v.
UNITED STATES OF
AMERICA, et. al
Defendants.

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Civil No. 4:22-cv-487

Judge Sylvia H. Rambo

ORDER
AND NOW, this 9th day of May, 2024, upon consideration of defendant
United States of America’s motion to dismiss (Doc. 17), and after careful review of
the Report and Recommendation of United States Magistrate Judge William I.
Arbuckle, and the government’s partial objection to the Report and
Recommendation (Doc. 29), IT IS HEREBY ORDERED as follows:
1. The Report and Recommendation of Magistrate Judge Arbuckle (Doc. 28) is
ADOPTED in all regards except as to the Report and Recommendation’s
reasoning in denying the government’s motion to dismiss plaintiff’s claim for
ordinary negligence;
2. The government’s Partial Objection to the Report and Recommendation is
OVERRULED in substantial part;
3. The government’s Motion to Dismiss (Doc. 17) is GRANTED in part and
DENIED in part as follows:
a. All claims against Defendants Brosious, Mace-Liebson, Spiese, and the
Director of the Federal Bureau of Prisons are DISMISSED WITH
PREJUDICE, and Defendants Brosious, Mace-Liebson, Spiese, and
the Director of the Federal Bureau of Prisons are TERMINATED as
parties to this action;

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b. Plaintiff’s intentional infliction of emotional distress, negligent
supervision, and negligent hiring claims are DISMISSED WITH
PREJUDICE; and
c. Defendant’s motion to dismiss plaintiff’s ordinary negligence and
medical malpractice claims is DENIED.
4. The Court ADOPTS ALTERNATIVE REASONING, outlined in the
accompanying memorandum, for denying the government’s motion to dismiss
the ordinary negligence claim; and
5. This case is REMANDED to Magistrate Judge Arbuckle for further
proceedings.

/s/Sylvia H. Rambo
Sylvia H. Rambo
United States District Judge

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