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14-885 - Clemmons v. United States of America et al

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14-885 - Clemmons v. United States of America et al
November 2, 2015
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MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION-re: 40 Amended Complaint. The undersigned RECOMMENDS the pltf's Eighth Amended medical claims at set out be DISMISSED WITHOUT PREJUDICE for failing to state a claim upon which relief may be granted. The undersigned FURTHER RECOMMENDS that the pltf's FCTA claims against the United States be REFERRED to the magistrate judge for further proceedings. The pltf may file specific written objections to this R&R within fourteen (14) days. Signed by Magistrate Judge Staci G Cornelius on 11/2/2015. (AVC)
January 7, 2016
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ORDER-re: R&R 45. Pltf filed his objections on 11/20/15 48. Pltf moves to file another amended complaint (doc. 48 at 1). The motion is DENIED. The Magistrate Judge's report is due to be and is hereby ADOPTED and the recommendation is ACCEPTED. It is therefore ORDERED that Pltf's claims under Bivens are DISMISSED. It is further ORDERED that Pltf's FTCA claims against the United States of America are REFERRED to the Magistrate Judge for further proceedings. Signed by Judge R David Proctor on 1/6/2016. (AVC)