Machin v. Costas et al
| Jesus Argelio Machin |
| Costas, Metropolitan Correctional Center and Does 1 through 10 inclusive |
| 3:2009cv00444 |
| March 13, 2009 |
| US District Court for the Southern District of California |
| Prisoner: Civil Rights Office |
| San Diego |
| Irma E. Gonzalez |
| Leo S. Papas |
| Plaintiff |
| Federal Question |
| 42:1983 Prisoner Civil Rights |
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Filing
13
ORDER granting Defendant Officer Costa's 9 Motion to Dismiss and 9 Motion for Summary Judgment. Court dismisses the action as to Dfts MCC and John Does 1-10 for failure to prosecute and for lack of personal jurisdiction pursuant to FRCP 4(m) . Court grants Dft Costa's Motion to Dismiss Pla's state law tort claims as barred by the FELRTCA, grants Dft Costa's Motion to Dismiss Pla's state law tort claims under the FTCA as pre-empted by 18 USC 4126, and grants Dft Costa& #039;s Motion for Summary Judgment as to Pla's inadequate medical care claims pursuant to FRCP 56. Court directs Clerk to enter judgment for Dft Costa. Court certifies that an IFP appeal would not be taken in good faith. Signed by Judge Irma E. Gonzalez on 11/16/2009. Case is closed. (All non-registered users served via U.S. Mail Service)(jah) (kaj).
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