Calderón-López v. United States

BESOSA, District Judge.

Before the Court is defendant United States' motion to dismiss pursuant to Federal Rule of Civil of Procedure 12(b)(1) ("Rule 12(b)(1)"), and Federal Rule Civil Procedure 12(b)(6) (" Rule 12(b)(6)"). (Docket No. 7.) For the reasons set forth below, the United States' motion to dismiss is GRANTED IN PART and DENIED IN PART .

I. Background

On January 16, 2016, plaintiff Alexander Calderón-López ("Calderón") commenced a civil action against the United States pursuant to the Federal Tort Claims Act ("FTCA"), 28 U.S.C. sections 1346(b) and 2761 et seq. (Docket No. 1.) The…