Modisette v. UNITED STATES OF AMERICA, No. 1:2018cv00533 - Document 47 (E.D. Va. 2019)
Court Description: MEMORANDUM OPINION. Signed by District Judge Liam O'Grady on 11/26/2019. (dvanm, c/m 11/226/2019) Modified on 11/26/2019 (dvanm, ).
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Modisette v. UNITED STATES OF AMERICA Doc. 47 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Alexandria Division Jerry Glendon Modisette, Plaintiff, ) ) V. ) ) United States of America, Defendant. ) ) ) l:18cv533(LO/MSN) MEMORANDUM OPINION Jerry Modisette, a federal inmate proceeding pro initiated this suit pursuant to the Federal Tort Claims Act("FTCA"),28 U.S.C. ยงยง 1346(b) and 2671-80. Defendant United States of America("defendant" or "the government") has filed a motion to dismiss or, in the alternative, motion for summary judgment[Dkt. No. 31-32] and a memorandum oflaw accompanied by documentary exhibits [Dkt. No. 33] in support of its position. Plaintiff received the Notice required by Local Rule 7(K)and the opportunity to file responsive materials pursuant to Roseboro v. Garrison. 528 F.2d 309(4th Cir. 1975). Dkt. Nos. 31-1,32-1. He filed a response to defendant's motion [Dkt. No. 35], defendant submitted a reply to plaintiffs response [Dkt. No. 39], and plaintifffiled a surreply [Dkt. No.40]. This matter is therefore ripe for adjudication. For the reasons that follow, defendant's motion will be granted such that several claims will be dismissed, and judgment will enter in favor of defendant as to those that remain. I. Background Plaintiff is an inmate incarcerated at FCI Petersburg ("Petersburg"). Dkt. No.4("Am. Compl.")HI.' Before being transferred to his current institution ofconfinement, he,from at 'This memorandum opinion cites specific paragraphs in plaintiffs amended complaint when possible and ECF-assigned page numbers when referring to exhibits attached to the pleadings. Dockets.Justia.com
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