Ashley v. United States

ORDER GRANTING DEFENDANT’S MOTION TO DISMISS OR, IN THE ALTERNATIVE, FOR SUMMARY JUDGMENT

BREEN, United States Magistrate Judge.

Before the court is the motion of the government to dismiss plaintiffs complaint pursuant to Rules 12(b)(1) and 12(b)(6) of the Federal Rules of Civil Procedure or, in the alternative, for summary judgment under Fed.R.Civ.P. 56. For the following reasons, defendant’s motion is GRANTED.

The following facts are undisputed. At the time of the actions from which this claim arose, plaintiff, William Ashley, was a prisoner incarcerated at the Federal Correctional Institution…