MEMORANDUM AND ORDER
WEXLER, District Judge.
In the above-referenced action, Joseph Branch ("plaintiff") sues the United States ("defendant") pursuant to the Federal Tort Claims Act ("FTCA"), 28 U.S.C. § 2671 et seq. Currently before the Court is defendant's motion to dismiss, pursuant to Rule 12 of the Federal Rules of Civil Procedure. After a brief statement of the background facts, the Court will turn to address defendant's motion.
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