McLean v. United States of America et al

Filing 107

ORDER Overruling Objections and Adopting the 101 Report and Recommendation. Plaintiff's 64 Motion for Injunctive Relief is denied as moot. Signed by District Judge Marcia A. Crone on 3/25/24. (KCV)

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UNITED STATES DISTRICT COURT LENROY MCLEAN, Plaintiff, versus UNITED STATES OF AMERICA, et al., Defendants. EASTERN DISTRICT OF TEXAS § § § § § § § § § CIVIL ACTION NO. 1:21-CV-168 ORDER OVERRULING OBJECTIONS AND ADOPTING THE MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION Plaintiff Lenroy McLean, proceeding pro se, filed this civil rights action pursuant to Bivens v. Six Unknown Agents of the Federal Bureau of Narcotics, 403 U.S. 388 (1971), and the Federal Tort Claims Act (FTCA) against the United States of America, Michael W. Lockhart, J. Baltazar, Sonya Cole, M. R. Lewis, Cathy Cutwright, First Name Unknown (FNU) Heno, FNU Brasfield, Russell Taylor, Wanda Jones, Rodney Davis, FNU Polavarapy, FNU McGarvey, FNU Steffey, FNU Fontenot, FNU Brownfield, FNU Hanson, FNU Williams, FNU Chiles, J. Jones, Deshawn Davis, and FNU Laidled. The court referred this matter to the Honorable Christine L. Stetson, United States Magistrate Judge, at Beaumont, Texas, for consideration pursuant to applicable laws and orders of this court. The magistrate judge has submitted a Report and Recommendation of United States Magistrate Judge. The magistrate judge recommends denying Plaintiff’s Motion for Injunctive Relief as moot. The court has received and considered the Report and Recommendation of United States Magistrate Judge, along with the record, pleadings, and all available evidence. 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, and that the Motion for Injunctive Relief is now moot. ORDER Accordingly, Plaintiff’s objections (#103) are OVERRULED. The findings of fact and conclusions of law of the magistrate judge are correct, and the report and recommendation of the magistrate judge (#101) is ADOPTED. Plaintiff’s Motion for Injunctive Relief (#64) is DENIED as moot. SIGNED at Beaumont, Texas, this 25th day of March, 2024. ________________________________________ MARCIA A. CRONE UNITED STATES DISTRICT JUDGE 2

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