Summary
dismissing claim against federal official in official capacity by immigration detainee held in county jail
Summary of this case from Fagge v. CarboneOpinion
CIVIL ACTION NO. 1:06-CV-0573.
December 21, 2006
ORDER
AND NOW, this 21st day of December, 2006, upon consideration of the report of the magistrate judge (Doc. 29), to which no objections were filed, recommending that the motion to dismiss (Doc. 21), filed by defendants Alberto Gonzales and the Bureau of Immigration and Customs Enforcement, be granted, and, following an independent review of the record, it is hereby ORDERED that:
1. The report and recommendation of the magistrate judge (Doc. 29) is ADOPTED.
2. The motion to dismiss (Doc. 21) is GRANTED as follows:
a. Plaintiff's claims under Bivens and the Federal Tort Claims Act against defendants Alberto Gonzalez and the Bureau of Immigration and Customs Enforcement are DISMISSED.
b. The United States is SUBSTITUTED as the proper defendant with respect to plaintiff's claim under the Federal Tort Claims Act.
c. Plaintiff's claim under the Federal Tort Claims Act against the United States is DISMISSED without prejudice for lack of jurisdiction.
3. The above-captioned case is REMANDED to the magistrate judge for further proceedings on plaintiff's remaining claims against defendant Thomas Hogan, Warden of York County Prison, pursuant to 42 U.S.C. § 1983.
Bivens v. Six Unknown Federal Narcotics Agents, 403 U.S. 388 (1971).