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16-039 - EVANS v. UNITED STATES OF AMERICA


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16-039 - EVANS v. UNITED STATES OF AMERICA
November 7, 2016
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Entry Discussing Motion for Summary Judgment - Plaintiff William Evans, a former inmate of the Federal Bureau of Prisons ("BOP"), brings this action against the United States pursuant to the Federal Tort Claims Act ("FTCA"). Evans alleges that he was assaulted by a correctional officer and that after the assault, he was taken to the Special Housing Unit and denied food and drink for four days. The United States has moved to dismiss or in the alternative for summary judgment and Evans has not responded. Because the United States has included evidence in support of its motion, the motion is treated as a motion for summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure.1 For the following reasons, the motion for to dismiss [dkt 17] is granted. Evans's complaint was therefore filed beyond the six-month statute of limitations and must be dismissed. Judgment consistent with this Entry shall now issue. (See Entry.) Copy to plaintiff via US Mail. Signed by Judge Jane Magnus-Stinson on 11/7/2016. (RSF)