Modisette v. UNITED STATES OF AMERICA

Filing 47

MEMORANDUM OPINION. Signed by District Judge Liam O'Grady on 11/26/2019. (dvanm, c/m 11/226/2019) Modified on 11/26/2019 (dvanm, ).

IN THE UNITED STATES DISTRICT COURT FOR THE
EASTERN DISTRICT OF VIRGINIA
Alexandria Division

Jerry Glendon Modisette,
Plaintiff,

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V.

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United States of America,
Defendant.

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l:18cv533(LO/MSN)

MEMORANDUM OPINION

Jerry Modisette, a federal inmate proceeding pro

initiated this suit pursuant to the

Federal Tort Claims Act("FTCA"),28 U.S.C. §§ 1346(b) and 2671-80. Defendant United

States of America("defendant" or "the government") has filed a motion to dismiss or, in the

alternative, motion for summary judgment[Dkt. No. 31-32] and a memorandum oflaw

accompanied by documentary exhibits [Dkt. No. 33] in support of its position. Plaintiff received
the Notice required by Local Rule 7(K)and the opportunity to file responsive materials pursuant
to Roseboro v. Garrison. 528 F.2d 309(4th Cir. 1975). Dkt. Nos. 31-1,32-1. He filed a

response to defendant's motion [Dkt. No. 35], defendant submitted a reply to plaintiffs response
[Dkt. No. 39], and plaintifffiled a surreply [Dkt. No.40]. This matter is therefore ripe for

adjudication. For the reasons that follow, defendant's motion will be granted such that several
claims will be dismissed, and judgment will enter in favor of defendant as to those that remain.
I. Background

Plaintiff is an inmate incarcerated at FCI Petersburg ("Petersburg"). Dkt. No.4("Am.

Compl.")HI.' Before being transferred to his current institution ofconfinement, he,from at

'This memorandum opinion cites specific paragraphs in plaintiffs amended complaint when
possible and ECF-assigned page numbers when referring to exhibits attached to the pleadings.