Hatten v. United States of America

Filing 48

MEMORANDUM ORDER overruling pltf's objections and adopting 45 Report and Recommendation. Deft's motion for summary judgment is granted. Signed by Judge Ron Clark on 3/8/11. (tkd, )

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Hatten v. United States of America Doc. 48 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS BEAUMONT DIVISION CHAD HATTEN VS. UNITED STATES OF AMERICA CIVIL ACTION NO. 1:07-CV-935 MEMORANDUM ORDER OVERRULING PLAINTIFF'S OBJECTIONS AND ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION Plaintiff Chad Hatten, a federal prisoner, proceeding pro se and in forma pauperis, filed this civil action pursuant to the Federal Tort Claims Act (FTCA) against the United States of America. The court ordered that this matter be referred to the Honorable Keith F. Giblin, United States Magistrate Judge, at Beaumont, Texas, for consideration pursuant to applicable laws and orders of this court. The magistrate judge has submitted a Report and Recommendation of United States Magistrate Judge. The magistrate judge recommends granting defendant's motion for summary judgment. The court has received and considered the Report and Recommendation of United States Magistrate Judge, along with the record and the pleadings. Plaintiff filed objections to the magistrate judge's Report and Recommendation. The court has conducted a de novo review of the objections in relation to the pleadings and the applicable law. See FED . R. CIV . P. 72(b). After careful consideration, the court concludes the objections are without merit. The decision to place an inmate in protective custody is a discretionary function for which the United States has not waived sovereign immunity. Although Title 18 U.S.C. 4042(a) requires the Bureau of Prisons (BOP) to provide for the safekeeping, care, and subsistence Dockets.Justia.com of federal prisoners, the statute does not dictate the manner in which the duty must be fulfilled. See Santana-Rosa v. United States, 335 F.3d 39, 44 (1st Cir. 2003) (noting that Section 4042 leaves the BOP room for judgment); Cohen v. United States, 151 F.3d 1338, 1342 (11th Cir. 1998), cert. denied, 526 U.S. 1130 (1999) (concluding that the BOP has discretion in the means it may use to fulfill the duty to safeguard prisoners). ORDER Accordingly, plaintiff's objections are OVERRULED. The findings of fact and conclusions of law of the magistrate judge are correct, and the report of the magistrate judge is ADOPTED. Defendant's motion for summary judgment is GRANTED. A final judgment will be entered in this case in accordance with the magistrate judge's recommendation. So ORDERED and SIGNED this 8 day of March, 2011. ___________________________________ Ron Clark, United States District Judge 2

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