Bender v. United States of America

Filing 18

MEMORANDUM OPINION AND ORDER ADOPTING IN PART AND REJECTING IN PART THE REPORT AND RECOMMENDATION OF THE MAGISTRATE JUDGE, AND DISMISSING PLAINTITT'S COMPLAINT WITH PREJUDICE: It is ORDERED that the Court SUSTAINS Bender's objections to th e portion relating to his motion to proceed in forma pauperis; REJECTS IN PART the R&R insofar as it pertains to Bender's motion to proceed in forma pauperis; GRANTS Bender's 8 motion to proceed in forma pauperis; OVERRULES Bender's objections to the R&R insofar as they relate to his purported FTCA claim; ADOPTS the R&R insofar as it relates to that claim; and DISMISSES WITH PREJUDICE Bender's 1 Complaint and ORDERS that it be STRICKEN from the Court's active docket. The Court DIRECTS the Clerk to enter a separate judgment order. Signed by District Judge Irene M. Keeley on 6/9/17. (Attachments: # 1 Certified Mail Return Receipt)(copy Plaintiff)(cnd)