(Download) "Jones v. U.S" by D. Kansas United States District Court ~ Book PDF Kindle ePub Free
eBook details
- Title: Jones v. U.S
- Author : D. Kansas United States District Court
- Release Date : January 13, 2004
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 54 KB
Description
MEMORANDUM AND ORDER Plaintiff Mack Jones, proceeding pro se, brings this action pursuant to the Federal Tort Claims Act (""FTCA""), 28 U.S.C. ? 1346(b), 2671-2680. Plaintiff, formerly a prisoner at the United States Penitentiary in Leavenworth, Kansas (""USP Leavenworth""),1 alleges that he received negligent medical care following a knee injury that he suffered at USP Leavenworth. Plaintiff originally filed this lawsuit against Dr. Gary D. Boston, the orthopedic surgeon who performed surgery on Plaintiff's knee. In a previous order, this court dismissed Dr. Boston and substituted the United States of America as the sole defendant in this FTCA complaint (Doc. 3).2 See 28 U.S.C. ? 2672. Page 2 The case is now before the court on Defendant's Motion to Dismiss. Or. Alternatively. Motion For Summary Judgement (Doc. 7). The United States claims that Dr. Boston. is an independent contractor, not a federal employee. As a result, the government argues that the United States should not have been substituted as a defendant, and that this court must dismiss the action for want of subject matter jurisdiction. For the reasons stated below, the court grants Defendant's motion and dismisses the United States from this case. The court further grants Plaintiff forty-five (45) days from the date of this order to show that diversity jurisdiction exists in this case against Dr. Gary D. Boston.
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