Opinion
CIVIL NO. 3:CV-10-2360
09-27-2012
RONALD L. TSOSIE, Plaintiff v. BUREAU OF PRISONS, et al., Defendants
(Judge Caputo)
ORDER
AND NOW, this 27th day of SEPTEMBER, 2012, upon consideration of the Defendants' motion to dismiss pursuant to Fed. R. Civ. P. 12(b), and in accordance with the accompanying Memorandum, it is hereby ORDERED that:
1. The Defendants' Motion to Dismiss (Doc. 20) is GRANTED.
2. The claims against the Bureau of Prisons and the "Employees of the United States" are dismissed pursuant to 28 U.S.C. § 1915(e)(2)(B)(i).
3. The United States is substituted as the sole Defendant in this action.
4. Mr. Tsosie's Federal Tort Claim Act claims are DISMISSED pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii).
5. Mr. Tsosie's Indian Tucker Act claim is DISMISSED pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii).
6. The Clerk of Court is directed to CLOSE this case.
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A. RICHARD CAPUTO
United States District Judge