Opinion
2:22-cv-02732
08-07-2023
SPENCER RAY FITZPATRICK v. UNITED STATES OF AMERICA
SECTION P
KAY MAGISTRATE JUDGE
JUDGMENT
JAMES D. CAIN, JR. UNITED STATES DISTRICT JUDGE
For the reasons stated in the Report and Recommendation of the Magistrate Judge previously filed herein, determining that the findings are correct under the applicable law, and noting the absence of objections to the Report and Recommendation in the record;
IT IS ORDERED, ADJUDGED AND DECREED that the Motion to Dismiss (doc. 47) be GRANTED in part and DENIED in part. Specifically, the Court grants the United States' Motion to Dismiss on plaintiff's Eighth Amendment claim but denies the Motion to Dismiss the entire lawsuit, as plaintiff's FTCA claim remains viable.
THUS DONE AND SIGNED.