Maxton v. United States
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|Date Filed||#||Document Text|
|August 27, 2013
ORDER adopting in part Report and Recommendations - AND NOW, this 27th day of August, 2013, it is ORDERED that: 1. The magistrate judges report 7 isREJECTED in part and ADOPTED in part. 2. The portion of the magistrate judges report which held that to state a claim pursuant to the FTCA, Plaintiff must allege that the prison officers committed an intentional tort while conducting a search, seizing evidence, or making an arrest, is REJECTED. 3. The magistrate judges report is ADOPTED in all other respects. 4. The remaining portions of our August 16, 2013 order shall remain in effect. (See order for complete details.) Signed by Honorable William W. Caldwell on 8/27/13 (am)
|August 16, 2013
ORDER ADOPTING REPORT AND RECOMMENDATIONS - AND NOW, this 16th day of August, 2013, upon consideration of the Report and Recommendation (R&R) 7 of Magistrate Judge Blewitt, to which no objections have been filed, and upon independent review of the record, the court finds no error in the R&R and concludes that it should be adopted. Accordingly: 1. It is ORDERED that the R&R 7 is ADOPTED. 2. Pursuant to the magistrate judges recommendation, it is further ORDERED as follows: a. Plaintiffs compl aint 1 DISMISSED withoutprejudice. The Clerk of Court is directed to close this case. b. Plaintiffs motion 2 for leave to proceed in forma pauperis is GRANTED solely for the purpose of filing this action. Signed by Honorable William W. Caldwell on 8/16/13. (am)
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