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TRIESTMAN v. FEDERAL BUREAU OF PRISONS

Docket No. 05-3080-pr.

470 F.3d 471 (2006)

Ben Gary TRIESTMAN, Plaintiff-Appellant, v. FEDERAL BUREAU OF PRISONS, United States of America, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: December 5, 2006.

Attorney(s) appearing for the Case

Ben Gary Triestman, pro se, Shady, N.Y.

William H. Pease, Assistant United States Attorney (for Barbara D. Cottrell, Assistant United States Attorney) (Paula Ryan Conan, Assistant United States Attorney, of counsel), for Glenn T. Suddaby, United States Attorney for the Northern District of New York, Albany, N.Y., for Defendant-Appellee.

Before: CALABRESI and B.D. PARKER, Circuit Judges, and LYNCH, District Judge.

PER CURIAM:

Appellant Ben Gary Triestman appeals from a March 10, 2004 order of the United States District Court for the Northern District of New York (Mordue, J.) partially dismissing—pursuant to Rule 12(b)(1) of the Federal Rules of Civil Procedure—Triestman's complaint brought under the Federal Tort Claims Act ("FTCA"), 28 U.S.C. §§ 1346(b)(1) and 2671 et seq., against the Federal Bureau of Prisons ("BOP") and the United States of...

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