McLean v. United States of America et al

Filing 108

ORDER Adopting the 102 Report and Recommendation. Defendant's 75 Second Motion to Dismiss is GRANTED, and the United States of America is DISMISSED from this action. Signed by District Judge Marcia A. Crone on 3/25/24. (KCV)

UNITED STATES DISTRICT COURT

LENROY MCLEAN,
Plaintiff,
versus
UNITED STATES OF AMERICA, et al.,
Defendants.

EASTERN DISTRICT OF TEXAS

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CIVIL ACTION NO. 1:21-CV-168

ORDER 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. On March 1, 2024, the magistrate judge recommended granting Defendant’s Second
Motion to Dismiss. To date, the parties have not filed objections to the report.
The court received and considered the Report and Recommendation of United States
Magistrate Judge pursuant to such referral, along with the record, pleadings and all available

evidence. After careful review, the court finds that the findings of fact and conclusions of law of
the United States Magistrate Judge are correct.
Accordingly, the findings of fact and conclusions of law of the magistrate judge are
correct, and the Report and Recommendation of United States Magistrate Judge (#102) is
ADOPTED. Defendant’s Second Motion to Dismiss (#75) is GRANTED, and the United States
of America is DISMISSED from this action.

SIGNED at Beaumont, Texas, this 25th day of March, 2024.

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MARCIA A. CRONE
UNITED STATES DISTRICT JUDGE

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