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Wills v. United States

United States District Court, M.D. Pennsylvania

May 7, 2014

CHRISTOPHER WILLS, Plaintiff,
v.
THE UNITED STATES OF AMERICA and USP-CANAAN, Defendants.

ORDER

JAMES M. MUNLEY, District Judge.

AND NOW, to wit, this 7th day of May 2014, it is HEREBY ORDERED that:

1. Plaintiff's objections to the Report and Recommendation (Doc. 32) are OVERRULED;

2. The Report and Recommendation of Chief Magistrate Judge Carlson (Doc. 31) is ADOPTED to the extent that defendants' motion to dismiss (Doc. 23) is GRANTED as follows:

a. Plaintiff's Federal Tort Claims Act claim against the individual defendants is DISMISSED with PREJUDICE;
b. Plaintiff's Bivens claims against the United States and USP-Canaan are DISMISSED with PREJUDICE;
c. Plaintiff's Bivens claim against the individual defendants is DISMISSED without PREJUDICE to plaintiff filing an amended complaint within twenty-one (21) days properly asserting this claim. If plaintiff fails to file an amended complaint in twenty-one (21) days, this claim will be dismissed with prejudice;
d. Plaintiff's claim for injunctive relief is DISMISSED with PREJUDICE; and
e. Plaintiff's demand for a specified sum of monetary damages is STRICKEN;

3. Plaintiff's second motion to amend his complaint (Doc. 25) is DISMISSED as MOOT.

4. The Clerk of Court is directed to remand this case to Chief Magistrate Judge Carlson for further proceedings consistent with this order.


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