DECISION AND ORDER
MARRERO, District Judge.
Plaintiff Ellis Marshall ("Marshall") brought this action against the United States of America (the "Government") under the Federal Tort Claims Act, 28 U.S.C. §§ 1346 et seq. (the "FTCA" or the "Act") in connection with certain injuries he suffered following an assault by another inmate at the federal Metropolitan Correctional Center (the "MCC") in New York.
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