Nellson v. U.S. Fed. Bureau of Prisons

Full title: EDWARD NELLSON, #31408-007 Plaintiff, v. U.S. FEDERAL BUREAU OF PRISONS…

Court: United States District Court, Middle District of Pennsylvania

Date published: Feb 15, 2022

Civil Action 3:20-CV-963 (M.D. Pa. Feb. 15, 2022)

Opinion

Civil Action 3:20-CV-963

02-15-2022

EDWARD NELLSON, #31408-007 Plaintiff, v. U.S. FEDERAL BUREAU OF PRISONS, et al., Defendants.

ROBERT D. MARIANI, UNITED STATES DISTRICT JUDGE

Magistrate Judge Saporito

ORDER

ROBERT D. MARIANI, UNITED STATES DISTRICT JUDGE

AND NOW, THIS 15^th DAY of FEBRUARY 2022, upon consideration of Magistrate Judge Joseph Saporito's Report and Recommendation (“R&R”) (Doc. 98) for clear error or manifest injustice, IT IS HEREBY ORDERED THAT:

1. The R&R (Doc. 98) is ADOPTED for the reasons set forth therein;

2. Dr. Hlavac's motion to dismiss (Doc. 69) is GRANTED;

3. Plaintiffs Bivens claim against Dr. Hlavac set forth in Count I of the amended complaint (Doc. 55) is DISMISSED for failure to state a claim upon which relief can be granted pursuant to Federal Rule of Civil Procedure 12(b)(6);

4. The federal defendants' Motion to Dismiss and/or for Summary Judgment (Doc. 79) is GRANTED;

5. Plaintiffs state-law tort claims against the United States set forth in Counts II, III, and IV of the amended complaint are DISMISSED for lack of subject matter jurisdiction pursuant to 12(b)(1) of the Federal Rules of Civil Procedure;

6. The Clerk of Court is directed to ENTER JUDGMENT in favor of Defendants Dr. Sommer and PA-C Walters and against Plaintiff on Plaintiffs Bivens claims against Dr. Sommer and PA-C Walters set forth in Count I of the amended complaint (Doc. 55);

7. The Clerk of Court is directed to CLOSE THIS-CASE.