McAdam v. United States Food and Drug Administration et al, No. 1:2012cv00137 - Document 23 (D. Mont. 2013)
Court Description: ORDER ADOPTING FINDINGS AND RECOMMENDATIONS; granting 3 Motion to Dismiss. Plaintiff's Complaint is Dismissed with prejudice. Signed by Judge Sam E Haddon on 10/23/2013. Hard copy to Plaintiff Toby McAdam (CLR) Modified on 10/23/2013 to correct text(CLR).
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McAdam v. United States Food and Drug Administration et al Doc. 23 FILED OCT 2 3 2013 Clerk, U S District Court District Of Mont•na Billings IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA BILLINGS DIVISION TOBY C. McADAM, Plaintiff, No. CV-12-137-BLG-SEH vs. ORDER UNITED STATES FOOD AND DRUG ADMINISTRATION; MARGARET A. HAMBURG, COMMISSIONER OF FDA, Defendants. United States Magistrate Judge Carolyn S. Ostby entered Findings and Recommendations in this matter on September 30, 2013. 1 Plaintiff filed objections on October 18, 2013. 2 The Court reviews de nova findings and recommendations to which objections are made. 28 U.S.C. § 636(b)(l). Upon de nova review of the record, I find no error in Judge Ostby' s Findings and Recommendations and adopt them in full. The claims asserted by 1 Doc. 21 2 Doc. 22 Dockets.Justia.com Plaintiff may be dismissed because: 1) they constitute an impermissible collateral attack on the Consent Decree entered in Cause CV-10-128-BLG-RFC on November 4, 2010, 2) they are barred by the doctrine of res judicata, and 3) the United States is immune from liability for constitutional torts. ORDERED: 1. Defendants' Motion to Dismiss 3 is GRANTED. 2. Plaintiff's Complaint is DISMISSED with prejudice. 3. The Clerk is directed to enter judgment accordingly. DATEDthis ~ /J!l. dayofOctober,2013. /SAME. HADDON United States District Judge 3 Doc. 3 -2-
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