ORDER
CEREZO, District Judge.
This is an action brought pursuant to the Federal Tort Claims Act (FTCA), 28 U.S.C. § 1346(b), § 2671-2680. The suit alleges medical malpractice by the Roosevelt Roads Naval Hospital in its treatment of Jorge Matos-Díaz, beginning on November 7, 2001 and which, it is alleged, was the cause of his death the following day. The case is now before us on defendant's Motion to Dismiss (
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