Gravley v. Federal Bureau of Prisons et al, No. 7:2008cv00053 - Document 23 (E.D. Ky. 2009)
Court Description: MEMORANDUM OPINION & ORDER: 1) dft's Motion to Dismiss or Alternatively for S/J 21 is GRANTED; 2) pla's claims under Federal Tort Claims Act are DISMISSED WITHOUT PREJUDICE for lack of subject matter jurisdiction; 3) pla's claims und er Bivens V. Six Unknown Federal Narcotics Agents relating to his medical care & placement in administrative segregation are DISMISSED WITHOUT PREJUDICE; 4) Court will enter an appropriate judgment. Signed by Judge Karen K. Caldwell on 11/9/2009.(RKT)cc: Dwaune J. Gravley, Sr. via US mail w/NOE; COR
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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF KENTUCKY SOUTHERN DIVISION at PIKEVILLE DWAUNE J. GRAVLEY, SR., ) ) Plaintiff, ) ) v. ) ) FEDERAL BUREAU OF PRISONS, ET AL., ) ) Defendants. ) Civil Action No. 7:08-CV-53-KKC MEMORANDUM OPINION AND ORDER ***** ***** ***** ***** On September 18, 2009, the Defendants filed a Motion to Dismiss or, in the Alternative, for Summary Judgment. [Record No. 21] On September 22, 2009, the Court entered an Order directing the Plaintiff to file a response to the motion within 30 days, and cautioned the Plaintiff that failure to file a timely response was grounds for granting the motion. [Record No. 22]. More than 30 days have passed, and the Plaintiff has not responded in any way. Accordingly, the Court conclusively presumes that Plaintiff has waived any opposition to the motion, Resnick v. Patton, 2007 WL 4532815, **1 n.1 (6th Cir. 2007), and it will therefore be granted. Accordingly, IT IS ORDERED that: 1. Defendant s Motion to Dismiss, or in the alternative, for Summary Judgment [Record No. 21] is GRANTED. 2. Plaintiff s claims under the Federal Tort Claims Act, 28 U.S.C. ยง 2671, are DISMISSED WITHOUT PREJUDICE for lack of subject matter jurisdiction. 3. Plaintiff s claims under Bivens v. Six Unknown Federal Narcotics Agents, 403 U.S. 388 (1971) relating to his medical care and placement in administrative segregation are DISMISSED WITHOUT PREJUDICE. 4. The Court will enter an appropriate Judgment. Entered on November 9, 2009. 2
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