Motton v. Bureau of Prisons et al

Filing 26

MEMORANDUM OPINION and ORDER adopting 20 Report and Recommendation. Signed by District Judge Marcia A. Crone on 3/3/21. (tkd, )

Case 1:17-cv-00453-MAC-KFG Document 26 Filed 03/03/21 Page 1 of 2 PageID #: 115

UNITED STATES DISTRICT COURT

CHARLES WILLIAM MOTTON, III
Plaintiff,
versus
BUREAU OF PRISONS, et al.,

Defendants.

EASTERN DISTRICT OF TEXAS

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CIVIL ACTION NO. 1:17-CV-453

MEMORANDUM OPINION AND ORDER
Plaintiff, Charles William Motton, III, an inmate currently confined at the FCI Forrest
City, proceeding pro se and in forma pauperis, brings this civil action pursuant to the Federal Tort
Claims Act against several defendants.
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 claims against the United States pursuant to the
Federal Tort Claims Act should be dismissed for lack of subject matter jurisdiction. In addition,
the Magistrate Judge recommends plaintiff’s claims against the individual defendants should be
dismissed as frivolous 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 to date.1

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Plaintiff received a copy of the Report and Recommendation on November 18, 2020 (docket entry no. 21).
Plaintiff sought two extensions to file Objections which were granted. Despite these extensions, plaintiff has
yet to file Objections to the Report and Recommendation.

Case 1:17-cv-00453-MAC-KFG Document 26 Filed 03/03/21 Page 2 of 2 PageID #: 116

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
accordance with the recommendations of the Magistrate Judge.

SIGNED at Beaumont, Texas, this 3rd day of March, 2021.

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MARCIA A. CRONE
UNITED STATES DISTRICT JUDGE

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