Blanton v. USA

Filing 49

Order Accepting 48 Findings, Conclusions and Recommendation of the United States Magistrate Judge. Accordingly, the court grants the Government's Motion for Summary Judgment, denies as moot the Government's 23 Motion to Dismiss, and dismisses with prejudice Plaintiff's sole claim for the return of property against the United States of America. Any amended complaint must be filed by 3/21/2014. (Ordered by Judge Sam A Lindsay on 2/21/2014) (skt)

IN THE UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
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PRESTON BLANTON, ID# 42100-177,
Plaintiff,
v.
UNITED STATES OF AMERICA,
Defendant.

Civil Action No. 3:13-CV-774-L-BH

ORDER
Before the court is the Government’s Motion to Dismiss, or, in the Alternative, Motion for
Summary Judgment (Doc. 23), filed August 28, 2013. On February 3, 2014, Magistrate Judge Irma
Carrillo Ramirez entered Findings, Conclusions and Recommendation of the United States
Magistrate Judge (“Report”), recommending that the court grant the Government’s summary
judgment motion but permit Plaintiff to file an amended complaint to assert a claim for monetary
damages for destroyed property, pursuant to Bivens v. Six Unknown Named Agents, 403 U.S. 388
(1971). No objections to the Report were filed.
Having reviewed the Government’s motion and reply, Plaintiff’s response, pleadings, file,
record in this case, applicable law, and the findings and conclusions of the magistrate judge, the
court determines that the findings and conclusions of the magistrate judge are correct, and accepts
them as those of the court. Accordingly, the court grants the Government’s Motion for Summary
Judgment, denies as moot the Government’s Motion to Dismiss (Doc. 23), and dismisses with
prejudice Plaintiff’s sole claim for the return of property against the United States of America.

Order – Page 1

As recommended by the magistrate judge, Plaintiff will be permitted to file an amended
complaint to assert a Bivens claim for monetary damages for destroyed property. Any amended
complaint must be filed by March 21, 2014. Failure to file an amended complaint in accordance
with this order by March 21, 2014, will result in dismissal of this action with prejudice pursuant to
Federal Rule of Civil Procedure 12(b)(6).
It is so ordered this 21st day of February, 2014.

_________________________________
Sam A. Lindsay
United States District Judge

Order – Page 2