Summary
finding FTCA claim for negligent overcrowding was precluded by discretionary function exception
Summary of this case from Cofield v. U.S. Dept. of JusticeOpinion
CIVIL ACTION NO. 3:08-CV-0597-G ECF.
March 23, 2009
ORDER
After reviewing all relevant matters of record in this case, including the findings, conclusions, and recommendation of the United States Magistrate Judge and any objections thereto, in accordance with 28 U.S.C. § 636(b)(1), the undersigned district judge is of the opinion that the findings and conclusions of the magistrate judge are correct and they are accepted as the findings and conclusions of the court. For the reasons stated in those findings, the motion to dismiss, or in the alternative, motion for summary judgment, and brief in support filed by the United States on July 30, 2008, is GRANTED and plaintiff's motion to strike, defendant's motion to dismiss or in the alternative motion for summary judgment, and brief in support or in the alternative, plaintiff's answers and brief in support received on September 26, 2008, is DENIED. By separate document, the court will enter judgment in accordance with FED. R. CIV. P. 58(a).
SO ORDERED.