Strunk v. Capps et al

Filing 11

ORDER: The court determines that the 9 findings and conclusions of the magistrate judge are correct, and accepts them as those of the court. Accordingly, the court dismisses without prejudice Plaintiff's ADA and compassionate release claims for lack of jurisdiction; and dismisses with prejudice Plaintiff's Bivens and 18 U.S.C. § 4042 claims for failure to state a claim upon which relief can be granted. (Ordered by Judge Sam A Lindsay on 12/30/2016) (sss)

IN THE UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
HARMON C. STRUNK, JR., #66295280,
Plaintiff,
v.
WILLIAM RESTRO, et. al.,
Defendants.

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Civil Action No. 3:16-CV-1470-L

ORDER
Before the court is Plaintiff’s pro se complaint alleging violations of the Americans with
Disabilities Act (“ADA”); requesting compassionate release; and asserting a Bivens action against
Dr. J. Cappas, Dr. Ducksworth, Dr. William Restro, Medical Administrator Hunter, Assistant
Medical Administrator Graham, Warden E. M. Mejia, and Executive Officer Burns, as individuals.
On November 18, 2016, United States Magistrate Judge Renee Harris Toliver entered the Findings,
Conclusions, and Recommendations of the United States Magistrate Judge (“Report”),
recommending that all of Plaintiff’s ADA and compassionate release claims be dismissed without
prejudice for lack of jurisdiction, and that Plaintiff’s Bivens and 18 U.S.C. § 4042 claims be
dismissed with prejudice for failure to state a claim upon which relief can be granted.
Plaintiff objects to nearly every page of the Report, but his objections seem to center around
three issues. First, he objects to his case being referred to the magistrate judge. Second, he objects
to the Reports finding that the ADA, as a matter of law, does not apply to the federal government
and federal agencies such as the Bureau of Prisons. Last, he objects to the Report’s finding that he

Order – Page 1

did not allege facts to support a finding of deliberate indifference with respect to his claim for denial
of medical care.
Having reviewed the file, Report, record, applicable law, and conducting a de novo review
of Plaintiff’s objections, 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 dismisses without
prejudice Plaintiff’s ADA and compassionate release claims for lack of jurisdiction; and dismisses
with prejudice Plaintiff’s Bivens and 18 U.S.C. § 4042 claims for failure to state a claim upon
which relief can be granted.
It is so ordered this 30th day of December, 2016.

_________________________________
Sam A. Lindsay
United States District Judge

Order – Page 2