Opinion
20-cv-02532 (ECT/DTS)
02-23-2022
Mario Ferbo Mancini, Plaintiff, v. Federal Bureau of Prisons; Warden Fikes, Official and/or Personal Capacities where applicable; Dr. Mayer, Clinical Director, Official and Individual Personal Capacities; Dr. Broadway, Essentia Health Duluth MN, Official and Individual Personal Capacities; Heidi Voss, Health Service Administrator, Official and Individual Personal Capacities; Jenefer Southwick, Physicians Assistant, Official and Individual Personal Capacities; Nurse Nelson, RN, Official and Individual Personal Capacities; and United States of America, The - FTCA Claim, Defendants.
ORDER ACCEPTING REPORT AND RECOMMENDATION
Eric C. Tostrud United States District Court
Magistrate Judge David T. Schultz issued a Report and Recommendation on January 31, 2022. ECF No. 66. No. party has objected to that Report and Recommendation, and it is therefore reviewed for clear error. See Fed. R. Civ. P. 72(b); Grinder v. Gammon, 73 F.3d 793, 795 (8th Cir. 1996) (per curiam). Finding no clear error, and based upon all of the files, records, and proceedings in the above-captioned matter, IT IS ORDERED THAT:
1. The Report and Recommendation [ECF No. 66] is ACCEPTED;
2. The Federal Defendants' (the United States of America, the Federal Bureau of Prisons, Warden Fikes, and Jenefer Southwick) Motion to Dismiss Amended Complaint [ECF No. 34] is GRANTED IN PART and DENIED IN PART as follows:
a. The motion is GRANTED with respect to the Bivens claims, and those claims are DISMISSED WITHOUT PREJUDICE in their entirety for failure to exhaust;
b. The motion is GRANTED with respect to the Federal Tort Claims Act claim as asserted against the Federal Bureau of Prisons and all individual Defendants, and those claims are DISMISSED WITH PREJUDICE; and
c. The motion is DENIED with respect to the Federal Tort Claims Act claim as asserted against the United States of America.
3. Defendant Dr. Broadway's Motion to Dismiss Pursuant to Rule 12(b)(6) [ECF No. 44] is GRANTED.
LET JUDGMENT BE ENTERED ACCORDINGLY.