Nunez v. Fox et al

Filing 35

MEMORANDUM ORDER ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION that the motion to dismiss for lack of subject-matter jurisdiction be granted. Signed by Judge Marcia A. Crone on 3/27/17. (mrp, )

UNITED STATES DISTRICT COURT

D’ANGELO NUNEZ,
Plaintiff,
versus
UNITED STATES OF AMERICA,
Defendant.

EASTERN DISTRICT OF TEXAS

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CIVIL ACTION NO. 1:13-CV-419

MEMORANDUM ORDER ADOPTING
THE MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION
Plaintiff D’Angelo Nunez, an inmate confined at the United States Penitentiary at Lompoc,
California, proceeding pro se, filed this lawsuit against the United States pursuant to the Federal
Tort Claims Act. The court previously referred this matter 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 defendant filed a motion asking that the case be dismissed for lack of subject-matter
jurisdiction pursuant to Federal Rule of Civil Procedure 12(b)(1). The magistrate judge has
submitted a Report and Recommendation of United States Magistrate Judge recommending the
motion be granted.
The court has received the Report and Recommendation of United States Magistrate Judge,
along with the record, pleadings, and all available evidence. No objections were filed to the
Report and Recommendation.

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.

The motion to dismiss is

GRANTED. A final judgment shall be entered dismissing this matter.
.
SIGNED at Beaumont, Texas, this 7th day of September, 2004.

SIGNED at Beaumont, Texas, this 27th day of March, 2017.

________________________________________
MARCIA A. CRONE
UNITED STATES DISTRICT JUDGE

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