Acosta v. United States of America, No. 9:2022cv01259 - Document 23 (N.D.N.Y 2024)
Court Description: DECISION AND ORDER that Judge Lovric's Report-Recommendation, Dkt. No. 21 , is hereby ACCEPTED and ADOPTED. Defendant's motion to dismiss for lack of subject matter jurisdiction, Dkt. No. 13 , is hereby GRANTED. The Clerk of Court is directed to CLOSE the case. Signed by U.S. District Judge Glenn T Suddaby on 1/3/2024. (Copy served upon Plaintiff via regular mail)(sal)
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Acosta v. United States of America Doc. 23 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK __________________________________________ WILFREDO ALFARO ACOSTA, Plaintiff v. 9:22-CV-1259 (GTS/ML) UNITED STATES OF AMERICA Defendant. ___________________________________________ Glenn T. Suddaby, U.S. District Judge DECISION & ORDER Plaintiff sued the Defendant United States of America pursuant to the Federal Tort Claims Act, 28 U.S.C. § 2674 (“FTCA”). Plaintiff, a federal prisoner, alleged that he had injured his ankle while working a federal prison job. After being served with the Complaint, the United States filed a motion to dismiss, alleging that the Court lacked subject matter jurisdiction. The Court referred the matter to the Hon. Miroslav Lovric, United States Magistrate Judge, for a Report-Recommendation pursuant to 28 U.S.C. § 636(b) and Local Rule 72.3(c). Judge Lovric’s Report-Recommendation, issued on October 17, 2023, recom mends that the Court grant the government’s motion and dismiss the case. Judge Lovric finds that the Inmate Accident and Compensation Act, 18 U.S.C. § 4126(c), provides the exclusive remedy for federal inmates who suffer work-related injuries. Plaintiff’s complaint 1 Dockets.Justia.com here relies on the FTCA, and the Court lacks subject matter jurisdiction to hear Plaintiff’s claims brought under that Act. Plaintiff did not object to the Report-Recommendation. The time for such objections has passed. After examining the record, this Court has determined that the Report-Recommendation is not subject to attack for plain error or manifest injustice and the Court will accept and adopt the Report-Recommendation for the reasons stated therein. Accordingly: It is therefore ORDERED that Judge Lovric’s Report-Recommendation, dkt. # 21, is hereby ACCEPTED and ADOPTED. Defendant’s motion to dismiss for lack of subject matter jurisdiction, dkt. # 13, is hereby GRANTED. The Clerk of Court is directed to CLOSE the case. IT IS SO ORDERED. Dated: January 3, 2024 Syracuse, New York 2
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