Berryman v. United States of America

Filing 66

ORDER ADOPTING REPORT AND RECOMMENDATION [DKT. NO. 59], GRANTING DEFENDANTS MOTION TO DISMISS OR, IN THE ALTERNATIVE, FOR SUMMARY JUDGMENT [DKT. NO. 41], AND DISMISSING THIS CASE. The Court ADOPTS the R&R Dkt. No. 59 ; OVERRULES Berrymans objections Dkt. No. 65 ; GRANTS the United Statess motion to dismiss or, in the alternative, for summary judgment Dkt. No. 41 ; DENIES AS MOOT Berrymans motion for examination by an outside doctor Dkt. No. 49 ; DENIES AS MOOT Berrymans motion seeking dismi ssal of the motion for summary judgment of the United States Dkt. No. 54 ; DISMISSES the first and second claims in Berrymans complaint WITH PREJUDICE for failure to state a claim under the Federal Tort Claims Act upon which relief can be granted Dk t. No. 1 ; and DISMISSES Berrymans medical malpractice claim WITHOUT PREJUDICE for failing to comply with West Virginias presuit requirements for suing health care providers. It is so ORDERED. The Clerk is DIRECTED to enter a separate judgment order and to remove this case from the Courts active docket. Signed by District Judge Irene M. Keeley on 8/14/2017. (copy counsel of record, Copy pro se plaintiff via certified mail)(jmm) (Additional attachment(s) added on 8/14/2017: # 1 Certified Mail Return Receipt) (jmm).