Nunez v. United States of America

Filing 13

MEMORANDUM ORDER overruling objections and adopting the magistrate judge's 3 Report and Recommendation. Signed by District Judge Ron Clark on 6/19/2018. (bjc)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
LUFKIN DIVISION
D’ANGELO NUNEZ

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VS.

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UNITED STATES OF AMERICA

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CIVIL ACTION NO. 1:17-CV-263

MEMORANDUM ORDER OVERRULING OBJECTIONS AND
ADOPTING THE MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION
Plaintiff, D’Angelo Nunez, an inmate formerly confined at FCC Beaumont, proceeding pro
se, filed this Federal Tort Claims Act (“FTCA”) pursuant to 28 U.S.C. § 2671 against the United
States of America.
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 the FTCA claim be denied as barred by the applicable statute of
limitations.
The Court has received and considered the Report and Recommendation of United States
Magistrate Judge filed pursuant to such order, along with the records, and pleadings. Plaintiff filed
objections to the Report and Recommendation.1 This requires a de novo review of the objections
in relation to the pleadings and applicable law. See FED. R. CIV. P. 72(b).
After careful consideration, this Court finds plaintiff’s objections lacking in merit. Plaintiff
has not established his entitlement to equitable tolling. Irwin v. Dept’ of Veterans Affairs, 498 U.S.
89, 96 (1990); see also Perez v. United States, 167 F.3d 913, 914 (5th Cir. 1999).

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Plaintiff also filed an amended complaint reasserting the factual and legal basis put forth in his Objections.

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.
A Final Judgment will be entered in accordance with the recommendations of the Magistrate Judge.
So ORDERED and SIGNED this 19 day of June, 2018.

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Ron Clark, United States District Judge

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