Spotts v. UNITED STATES OF AMERICA

Filing 10

ORDER overruling objections and adopting 2 Report and Recommendation. Pltf's 6 Motion to Consolidate is denied. Signed by Judge Ron Clark on 8/17/17. (tkd, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
BEAUMONT DIVISION
KELVIN ANDRE SPOTTS

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VS.

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UNITED STATES OF AMERICA

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CIVIL ACTION NO.

1:17-CV-225

ORDER OVERRULING PLAINTIFF’S OBJECTIONS AND ADOPTING
THE MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION
Plaintiff Kelvin Andre Spotts, a federal prisoner confined at the United States Penitentiary
in Beaumont, Texas, proceeding pro se and in forma pauperis, filed this civil action pursuant to the
Federal Tort Claims Act 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 dismissing the action pursuant to 28 U.S.C. § 1915(e)
because it is barred by the statute of limitations.
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. Plaintiff claimed that he did not intend to file a new action, and that
the complaint should have been filed in his previous action. In response to the objections, the
Magistrate Judge entered a second Report and Recommendation recommending dismissing the

action and filing the new complaint in civil action number 1:07-CV-159. Plaintiff also filed
objections to the second report, and he requested that this action be consolidated with cause number
1:17-CV-224. This action and cause number 1:17-CV-224 both concern the conditions of
confinement at the federal prison in Beaumont Texas after Hurricane Rita made landfall in 2005.
Both actions are clearly barred by the statute of limitations. Therefore, the motion to consolidate the
actions will be denied, and this action will be dismissed as barred by the statute of limitations.
ORDER
Accordingly, plaintiff’s objections (document no. 4) are OVERRULED. The findings of
fact and conclusions of law of the Magistrate Judge are correct, and the report of the Magistrate
Judge (document no. 2) is ADOPTED. Plaintiff’s motion to consolidate (document no. 6) is
DENIED. A final judgment will be entered in this case in accordance with the Magistrate Judge’s
recommendation.

So Ordered and Signed
Aug 17, 2017

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