Weathington v. Bureau of Prisons et al

Filing 19

JUDGMENT ADOPTING 15 Report and Recommendations. ORDERED Plaintiff's complaint be DENIED and DISMISSED WITH PREJUDICE as frivolous and failing to state a claim for which relief can be granted. Further ORDERED the Report and Recommendation is not adopted as to the Federal Tort Claims Act claim and the matter is referred to the magistrate judge for further consideration. Signed by Judge Dee D Drell on 12/23/2009. (crt,Leleux, M)

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF LOUISIANA ALEXANDRIA DIVISION

JEROME WEATHINGTON BOP# 08121-028 VERSUS UNITED STATES FEDERAL OF PRISONS, ET AL. BUREAU

DOCKET NO.

09-CV-705;

SEC.

P

JUDGE DEE D. MAGISTRATE

DRELL

JUDGE JAMES D. KIRK

JUDGMENT

For the reasons stated in the Report and Recommendation of the Magistrate Judge previously filed herein and after a de novo review of the record, having including that the objections the findings filed by the plaintiff, and recommendation are

determined

partially correct under the applicable law; IT IS ORDERED that Plaintiff's civil rights complaint be and is hereby DENIED and DISMISSED
WITH PREJUDICE

as frivolous

and

failing to state a claim for which relief can be granted pursuant to 28 U.S.C. IT
IS

§1915(e) (2) (b)
FURTHER ORDERED

that

proof

now

being

shown

that

plaintiff's administrative claim has been denied by the Bureau of Prisons, the Report and Recommendation is not adopted as to the Subsequent action has now vested See, e.g., Beran v. United States,

Federal Tort Claims Act claim. the Court with jurisdiction.

751 F.

Supp.

886

(D.D.C.
.

1991); Campbell v United States,

534 F.

Supp. 762 (D. Haw. 1982) claim is referred

Accordingly, the Federal Tort Claims Act the magistrate judge for further

to

consideration. THUS DONE AND SIGNED at Alexandria, Louisiana, on this day of
_______

Q(_~.'~k~3~1_--

,

2009.

DEE D. DRELL UNITED STATES DISTRICT JUDGE