Plaintiff Milton Hunter (“Hunter”), formerly a federal prisoner, brought this medical malpractice suit against the United States (“the government”) on July 2, 1999. (Complaint, Doc. 1.) Hunter alleges that negligence by prison medical personnel at the Federal Correctional Institution at Schuylkill, Pennsylvania (“SCI-Schuylkill”) caused him to undergo painful urinary and urologic symptoms, humiliation, and mental anguish about the possible existence of serious untreated pathology, particularly prostate cancer. (Doc. 1 ¶¶ 21-22.) As Hunter’s cause of action arises under the Federal Tort Claims Act (“FTCA”), 28 U.S.C. §§ 2671-2680, it is subject to the statute of limitations of 28 U.S.C. § 2401(b), which forever bars a tort claim against the United States unless it is presented to the appropriate federal agency within two years of its accrual.
The government asserts that Hunter has failed to comply with the two year statute of limitations, and therefore it moves for dismissal under Rules 12(b)(1) and 12(b)(6), or in the alternative for summary judgment under Rule 56.