Lopez v. United States

MEMORANDUM AND ORDER ON THE GOVERNMENT’S MOTION TO DISMISS PURSUANT TO FED. R. CIV. P. 12(b) (# 4)

COLLINGS, United States Magistrate Judge.

I. Introduction

The Plaintiff, Angelo Lopez (“Lopez”), brings this action under the Federal Tort Claims Act (“FTCA”), 28 U.S.C. §§ 1346(b), 2671 et seq., against the United States Marshals Service (“USMS”) and the United States, (“the Government”), 2 alleging that he received negligent medical treatment while an inmate in federal custody. Complaint, # 1. The Government has moved to dismiss this action under Fed.R.Civ.P. 12(b)(1) contending that this Court…