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16-794 - Batista v. United States of America


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16-794 - Batista v. United States of America
July 26, 2017
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ORDER ADOPTING REPORT AND RECOMMENDATION (Written Opinion). Signed by Judge Patrick J. Schiltz on July 26, 2017. (CLG) cc: Plaintiff. Modified on 7/26/2017 (lmb).
July 16, 2018
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ORDER ADOPTING REPORT AND RECOMMENDATION. Based on the foregoing, and on all of the files, records, and proceedings herein, the Court SUSTAINS IN PART AND OVERRULES IN PART the government's objection 157 and ADOPTS the R&R 155, except as described in this order. IT IS HEREBY ORDERED THAT the government's motion to dismiss 131 is GRANTED IN PART AND DENIED IN PART as follows: 1. The government's motion to dismiss plaintiff's Ohio-based medical malpractice claims is in all other respects. (Written Opinion). Signed by Judge Patrick J. Schiltz on 7/16/2018. (CLG) cc:Luis M. Batista. Modified text on 7/16/2018 (MMG).GRANTED insofar as those claims (a) arise from acts or omissions occurring on or after April 26, 2015, or (b) seek injunctive relief. Those claims are DISMISSED WITHOUT PREJUDICE FOR LACK OF JURISDICTION. 2. The government's motion is DENIED