Michael Burns v. United States

This case is an appeal by Plaintiff Michael R. Burns from the district court’s grant of the United States’s Fed.R.Civ.P. 12(b)(6) motion to dismiss. For the reasons set forth below, we REVERSE the dismissal with prejudice and REMAND.

I. BACKGROUND

A. Facts of the Case

The following facts are taken from the Complaint.

Michael Burns, a prisoner incarcerated at the Federal Correctional Institution at Memphis, reported to sick call on September 22, 2008, suffering from severe pain in his groin area. Burns was examined by Dr. Nahem Naimey, medical director of the prison, who diagnosed a severe…