Awan v. Harmon et al

Filing 38

Order Adopting 37 Findings and Recommendation of the United States Magistrate Judge. The Court ORDERS that Plaintiff's official capacity claims arising under the Federal Tort Claims Act be DISMISSED without prejudice for failure to exhaust administrative remedies. All remaining claims are hereby DISMISSED with prejudice under 28 U.S.C. § 1915A(b). (Ordered by Senior Judge Sam R Cummings on 6/30/2021) (axm)

IN THE LTNITED STATES DISTzuCT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION

KHAI,ID AWAN,

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)

Plaintiff.

DJ HARMON, llar den-Seagov
et al.,

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)
)
)
i I le,

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)
)

Defendants.

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Civil Action No. 3:17-CV-130-C-BH

ORDER
Before the Court are the Findings, Conclusions, and Recommendation ofthe United
States Magistrate Judge therein advising the Court that

Plaintiff s official capacity claims arising

under the Federal Tort Claims Act should be dismissed without prejudice and that all remaining
claims should be dismissed with prejudice under 28 U.S.C. $ 1915A(b).1
The Court has reviewed the Findings, Conclusions, and Recommendation for clear enor
and finds none. It is therefore ORDERED that the Findings, Conclusions, and Recommendation
are hereby

ADOPTED

as the

findings and conclusions of the Court. For the reasons stated

therein, the Court ORDERS that Plaintifls official capacity claims arising under the Federal

Tort Claims Act be DISMISSED without prejudice for failure to exhaust administrative

' Plaintiffhas failed to file objections to the Magistrate Judge's Findings, conclusions,

and Recommendation and the time to do so has now expired.

remedies. All remaining claims are hereby DISMISSED with prejudice under 28 U.S.C.
$ r9lsA(b).
SO ORDERED.

Daretwe 1.0 ,2021.
-?-r,,
I

GS
R

JUDGE

STATES

I

2