Simmons v. Federal Bureau of Prisons et al

Filing 26

MEMORANDUM ORDER adopting 24 Report and Recommendation. Signed by Judge Thad Heartfield on 3/7/13. (tkd, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
BEAUMONT DIVISION
RAFAEL C. SIMMONS

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VS.

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CIVIL ACTION NO. 1:11-CV-690

FEDERAL BUREAU OF PRISONS, ET AL., §
MEMORANDUM ORDER ADOPTING THE
MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION
Plaintiff, Rafael C. Simmons, an inmate formerly confined at FCI Beaumont, proceeding
pro se and in forma pauperis, filed this civil rights action pursuant to Bivens v. Six Unknown
Named Agents of Federal Bureau of Narcotics, 403 U.S. 388, 91 S.Ct. 1999, 29 L.Ed.2d 619
(1971), against defendants J. Fox, Warden, Federal Correctional Complex in Beaumont, Texas,
L. Phillips, Camp Administrator, Satellite Prison Camp in Beaumont, Texas, J. Gentry,
Lieutenant, United States Prison in Beaumont, Texas, R. Swain, Special Investigative Unit,
United States Prison in Beaumont, Texas, and E. Dean, Correctional Officer, Untied States
Prison in Beaumont, Texas.
The Court referred this matter to the Honorable Keith Giblin, United States Magistrate
Judge, at Beaumont, Texas, for consideration pursuant to applicable laws and orders of this
Court. The Magistrate Judge recommends plaintiff’s civil rights lawsuit be dismissed for failure
to exhaust administrative remedies and for failure to state a claim.
The Court has received and considered the Report and Recommendation of United States
Magistrate Judge filed pursuant to such referral, along with the record, and pleadings. No
objections to the Report and Recommendation have been filed by the parties to date.
ORDER
Accordingly, the findings of fact and conclusions of law of the Magistrate Judge are
correct and the report of the Magistrate Judge is ADOPTED. A final judgment will be entered in

this case in accordance with the Magistrate Judge’s recommendations.
SIGNED this the 7 day of March, 2013.

____________________________
Thad Heartfield
United States District Judge

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