Sellers v. United States of America

Filing 41

ORDER ADOPTING REPORT AND RECOMMENDATION: The 36 Report and Recommendation is ordered adopted. The plaintiffs Objections Docs. 38 , 39 , 40 are OVERRULED. The Governments Motion to Dismiss or for Summary Judgment 28 is hereby GRANTED, and the plaintiffs Complaint 1 is hereby DISMISSED WITH PREJUDICE as it relates to his claim for unnecessary surgery pursuant to the independent contractor exception and DISMISSED WITHOUT PREJUDICE as it relates to his claim for improper follow-up car e and infection following surgery for failure to exhaust an administrative tort claim and comply with theMPLA. This Court further DIRECTS the Clerk to enter judgment in favor of the defendant and to STRIKE this case from the active docket of this Court. Signed by District Judge John Preston Bailey on 2/16/17. (Attachments: # 1 Certified Mail Return Receipt)(jss)

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