Turcheck v. United States of America

Filing 29

Order. The U.S. District Judge accepts and adopts the findings, conclusions, and recommendation of the Magistrate Judge. It is ORDERED that Defendant's Motion to Dismiss 20 under Fed. R.Civ.P.12(b)(1) and (6), or alternatively, under Fed.R. Civ.P. 12(b)(1) and 56 is GRANTED. Plaintiff's complaint and all claims alleged therein are DISMISSED WITH PREJUDICE. Plaintiff's Motion for Monetary Reimbursement 26 , and any relief not expressly granted by this Order is DENIED. (Ordered by Senior Judge Sam R Cummings on 10/30/2017) (jak)

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS ABILENE DIVISION ) ) ) ) ) ) ) ) ) ) JUSTIN TURCHECK, Institutional ID No. 48264-177, Plaintiff, V. UNITED STATES OF AMERICA, Defendant. CIVIL ACTION NO. 1: 16-CV-061-C ECF ORDER The United States Magistrate Judge entered a Report and Recommendation on October 12, 2017, and Plaintiff filed no objections. I The undersigned United States District Judge has reviewed the Report and Recommendation for clear error and, finding none, accepts and adopts the findings, conclusions, and recommendation of the Magistrate Judge. It is, therefore, ORDERED that Defendant's Motion to Dismiss (doc. 20) under Fed. R. Civ. P. 12(b)(l) and (6), or alternatively, under Fed. R. Civ. P. 12(b)(l) and 56 is GRANTED. Plaintiff's complaint and all claims alleged therein are DISMISSED WITH PREJUDICE. Plaintiff's Motion for Monetary Reimbursement (doc. 26), and any relief not expressly granted by this Order is DENIED. Judgment shall be entered accordingly. I The Court notes that the envelope containing the Report and Recommendation that was addressed to Plaintiff at his last known address was returned to the Clerk on October 23,2017, marked "Return to Sender. Refused. Unable to Forward." Moreover, Plaintiff did not file objections to Defendant's Motion to Dismiss prior to entry of the Report and Recommendation. Dismissal of this action does not release Plaintiff or the institution where he is incarcerated from the obligation to pay any filing fee previously imposed. See Williams v. Roberts, 116 F.3d 1126, 1128 (5th Cir. 1997). A copy of this order shall be sent to all parties appearing pro se by first class mail and to any attorney of record by first class mail or electronic notification. Plaintiff is advised that ifhe appeals this Order, he will be required to pay the appeal fee of$505.00 pursuant to the PLRA, and he must submit an application to proceed informa pauperis and a 6-month Certificate of Inmate Trust Account at the same time he files his notice of appeal. Dated October }b, 2017. 2

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