Ahern v. United States Of America

Filing 18

ORDER re: OBJECTIONS to 14 Memorandum and Recommendations. The Court refers this matter back to the Magistrate Judge so that he can address the applicability of the FTCA to the alleged actions of the USMS. (Signed by Judge Nelva Gonzales Ramos) Parties notified.(amireles, 2)

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS CORPUS CHRISTI DIVISION JOHN D AHERN Plaintiff VS. UNITED STATES OF AMERICA § § § § CIVIL ACTION NO. 2:14-CV-259 § § ORDER Pending before the Court is Plaintiff John D. Ahern’s complaint under the Federal Tort Claims Act (FTCA). On July 18, 2014, United States Magistrate Judge Jason B. Libby issued a Memorandum and Recommendation (M&R) addressing issues identified in the screening of the complaint. The Magistrate Judge recommended that Plaintiff’s claims be dismissed, and Plaintiff timely filed objections to the M&R. In the objections, Plaintiff clarifies that he is making a claim only under the FTCA for conduct by the United States Marshals Service (USMS). The Court refers this matter back to the Magistrate Judge so that he can address the applicability of the FTCA to the alleged actions of the USMS. The Magistrate Judge can file a supplemental M&R and Plaintiff will then be allowed fourteen (14) days to file objections to the supplemental M&R. ORDERED this 10th day of November, 2014. ___________________________________ NELVA GONZALES RAMOS UNITED STATES DISTRICT JUDGE 1/1

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