Keith v. Bureau Of Prisons
MEMORANDUM OPINION AND ORDER ADOPTING REPORT AND RECOMMENDATION that this Petition for Temporary Injunction should be denied and the Bivens claims should be dismissed without prejudice for failure to exhaust administrative remedies. Signed by District Judge Marcia A. Crone on 11/27/17. (mrp, )
UNITED STATES DISTRICT COURT
BARRY LEONARD KEITH,
BUREAU OF PRISONS,
EASTERN DISTRICT OF TEXAS
CIVIL ACTION NO. 1:17-CV-423
MEMORANDUM OPINION AND ORDER
Plaintiff, Barry Leonard Keith, an inmate confined at USP Beaumont, proceeding pro se,
filed this Emergency Petition for Temporary Injunction and a Bivens-type1 complaint against the
Bureau of Prisons.2
The court referred this matter to the Honorable Zack Hawthorn, United States Magistrate
Judge, at Beaumont, Texas, for consideration pursuant to applicable laws and orders of this court.
The Magistrate Judge recommends the Petition for Temporary Injunction should be denied and the
Bivens claims should be dismissed without prejudice for failure to exhaust administrative remedies.
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 to date.3
In Bivens v. Six Unknown Named Agents of the Federal Bureau of Narcotics, 403 U.S. 388 (1971), the
Supreme Court recognized an individual’s right to recover damages from federal officials for violation of
Plaintiff’s complaint is handwritten and is not on the designated Bivens form complaint.
Plaintiff received a copy of the Report and Recommendation on October 27, 2017 (docket entry no. 4).
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
accordance with the recommendations of the Magistrate Judge.
SIGNED at Beaumont, Texas, this 7th day of September, 2004.
SIGNED at Beaumont, Texas, this 27th day of November, 2017.
MARCIA A. CRONE
UNITED STATES DISTRICT JUDGE
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