Blanton v. USA

Filing 70

ORDER: Having reviewed the pleadings, file, and record in this case, and the 54 findings and conclusions of the magistrate judge, the court determines that the findings and conclusions are correct and accepts them as those of the court. Accordingly, the court dismisses with prejudice Plaintiff's claims against the United States and the FBI. Plaintiff's claim against Special Agent Debra Michaels will proceed. (Ordered by Judge Sam A Lindsay on 6/12/2014) (ctf)

IN THE UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
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PRESTON BLANTON,
#42100-177,
Plaintiff,
v.
UNITED STATES OF AMERICA,
DEBRA MICHAELS, and FEDERAL
BUREAU OF INVESTIGATION,
Defendant.

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

ORDER
Before the court is Plaintiff Preston Blanton’s (“Plaintiff”) pro se Amended Complaint, filed
February 27, 2014.* This case was referred to Magistrate Judge Irma C. Ramirez for pretrial
management on June 13, 2013.

The magistrate judge entered Findings, Conclusions, and

Recommendation of the United States Magistrate Judge (“Report”) on March 7, 2014,
recommending that Plaintiff’s claims against the United States and the Federal Bureau of
Investigation (“FBI”) be dismissed with prejudice as frivolous and that Plaintiff’s claims against
Special Agent Debra Michaels proceed. No objections were filed.
Plaintiff’s Amended Complaint is a Bivens action. As the magistrate judge explained, Bivens
only provides a remedy for victims of constitutional violations by government officers in their
individual capacities. Bivens actions cannot be brought against the United States or against a federal
agency such as the FBI. Therefore, Plaintiff’s claims against the United States and the FBI must be
dismissed with prejudice.

*

Plaintiff is also proceeding in forma pauperis.

Order - Page 1

Having reviewed the pleadings, file, and record in this case, and the findings and conclusions
of the magistrate judge, the court determines that the findings and conclusions are correct and
accepts them as those of the court. Accordingly, the court dismisses with prejudice Plaintiff’s
claims against the United States and the FBI. Plaintiff’s claim against Special Agent Debra Michaels
will proceed.
It is so ordered this 12th day of June, 2014.

_________________________________
Sam A. Lindsay
United States District Judge

Order - Page 2