Opinion
CIVIL 4:22-cv-487
05-09-2024
RUBEN C. HOLTON, Plaintiff, v. UNITED STATES OF AMERICA, et. al Defendants.
ORDER
Sylvia H. Rambo United States District Judge
AND NOW, this 9th day of May, 2024, upon consideration of defendant United States of America's motion to dismiss (Doc. 17), and after careful review of the Report and Recommendation of United States Magistrate Judge William I. Arbuckle, and the government's partial objection to the Report and Recommendation (Doc. 29), IT IS HEREBY ORDERED as follows:
1. The Report and Recommendation of Magistrate Judge Arbuckle (Doc. 28) is ADOPTED in all regards except as to the Report and Recommendation's reasoning in denying the government's motion to dismiss plaintiff's claim for ordinary negligence;
2. The government's Partial Objection to the Report and Recommendation is OVERRULED in substantial part;
3. The government's Motion to Dismiss (Doc. 17) is GRANTED in part and DENIED in part as follows:
a. All claims against Defendants Brosious, Mace-Liebson, Spiese, and the Director of the Federal Bureau of Prisons are DISMISSED WITH PREJUDICE, and Defendants Brosious, Mace-Liebson, Spiese, and the Director of the Federal Bureau of Prisons are TERMINATED as parties to this action;
b. Plaintiff's intentional infliction of emotional distress, negligent supervision, and negligent hiring claims are DISMISSED WITH PREJUDICE; and c. Defendant's motion to dismiss plaintiff's ordinary negligence and medical malpractice claims is DENIED.
4. The Court ADOPTS ALTERNATIVE REASONING, outlined in the accompanying memorandum, for denying the government's motion to dismiss the ordinary negligence claim; and
5. This case is REMANDED to Magistrate Judge Arbuckle for further proceedings.