Morris v. Bureau of Prisons, United States of America

Opinion

UNITED STATES DISTRICT COURT DISTRICT OF NEW HAMPSHIRE

Robert C. Morris Vv. Case No. 1:22-cv-275-SE Federal Bureau of Prisons, et al.

ORDER After due consideration of the objections and reply filed (doc. nos. 25, 26, and 37), I herewith approve in part the Superseding Report and Recommendation of Magistrate Judge Andrea K. Johnstone dated November 18, 2024, for the reasons stated therein. I approve the entirety of the report except that, for the reasons stated in the defendants’ objection (doc. no. 26), claim 6(c) is also dismissed for lack of subject matter jurisdiction because the claim falls under the discretionary function exception to the Federal Tort Claims Act’s limited waiver of sovereign immunity. See Santana-Rosa v. United States, 335 F.3d 39, 44-45 (1st Cir. 2003). SDUlitle Samantha D. Elliott United States District Judge Date: August 22, 2025 ce: Robert C. Morris, pro se Anna Dronzek, Esq.