Opinion
3:22-cv-01618-E-BT
08-03-2023
JAMES MICHAEL MURRAY, Plaintiff, v. UNITED STATES OF AMERICA, and the FEDERAL BUREAU OF PRISONS, Defendants.
ORDER ACCEPTING FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE
ADA BROWN UNITED STATES DISTRICT JUDGE
The Court has under consideration the Findings, Conclusions, and Recommendations of United States Magistrate Judge Rebecca Rutherford dated July 14, 2023. The Court has reviewed the Findings, Conclusions, and Recommendations for plain error. Finding none, the Court accepts the Findings, Conclusions, and Recommendations of the United States Magistrate Judge.
Accordingly, the Court GRANTS Defendants' Motion to Dismiss in Part (ECF No. 25), DISMISSES all of Plaintiff's claims against Defendant Federal Bureau of Prisons, and DISMISSES Plaintiff's Eighth Amendment claim against Defendant United States of America. Plaintiff's Federal Tort Claims Act claim against Defendant United States of America will proceed.
SO ORDERED: