Chann v. Fox et al

Filing 30

ORDER overruling plaintiff's objections and adopting the magistrate judge's 27 Report and Recommendation. Defendant's motion for summary judgment is granted. Signed by Judge Ron Clark on 3/28/2013. (bjc)

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS BEAUMONT DIVISION THY CHANN § VS. § UNITED STATES OF AMERICA § CIVIL ACTION NO. 1:10-CV-168 ORDER OVERRULING PLAINTIFF’S OBJECTIONS AND ADOPTING THE MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION Plaintiff Thy Chann, a federal prisoner previously confined in Beaumont, Texas, proceeding pro se, 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 recommends granting defendant’s motion for summary judgment and dismissing the case with prejudice. The Court has received and considered the Report and Recommendation of United States Magistrate Judge filed pursuant to such order, along with the record and pleadings. Plaintiff filed objections to the Report and Recommendation of United States Magistrate Judge. 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. 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 recommendations. So ORDERED and SIGNED this 28 day of March, 2013. ___________________________________ Ron Clark, United States District Judge 2

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