District Court, D. Nebraska September 28, 2004, 8:03 CV 150 (Azizi Ex Rel. Azizi v. United States)

MEMORANDUM AND ORDER

BATAILLON, District Judge.

This matter is before the court on defendant’s motion to dismiss or, alternatively, for summary judgment, Filing No. 17. This is an action for damages as the result of medical malpractice under the Federal Tort Claims Act, 28 U.S.C. §§ 2671-2680 (“FTCA”).