Barros-Villahermosa v. United States of America et al

Filing 126

ORDER ADOPTING 103 REPORT AND RECOMMENDATION for 71 Motion to Dismiss,, filed by United States of America. (. Signed by Judge George Z Singal on 9/24/08.)(ct)

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF PUERTO RICO CARLOS BARROS-VILLAHERMOSA v. UNITED STATES OF AMERICA, et al Defendants ) ) ) ) ) ) ) ) ) )

**Civil No. 06-1491 (GZS)(BJM)

ORDER AFFIRMING THE RECOMMENDED DECISION OF THE MAGISTRATE JUDGE No objections having been filed to the Magistrate Judge's Recommended Decision (Docket No. 103), filed on May 13, 2008, the Recommended Decision is hereby AFFIRMED. Accordingly, it is also ORDERED as follows: 1. 2. 3. 4. 5. The Defendants' Motion Opposing Summons and to Dismiss the Second Amended Complaint is GRANTED IN PART AND DENIED IN PART. The United States's Motion to Substitute itself as the proper party defendant for the FTCA claim is GRANTED. The FTCA and Article 1802 claims against the federal employee defendants are DISMISSED. The Title VII claims against the federal employee defendants are DISMISSED. The purported Section 1983 and Bivens claims are DISMISSED. /s/George Z. Singal_____________ Chief U.S. District Court Judge Dated at Portland, Maine this 24th day of September, 2008.