Opinion
CIVIL ACTION NO. 1:19-CV-375
11-30-2020
BONNIE BURNETTE ERWIN v. UNITED STATES OF AMERICA, ET AL.
MEMORANDUM ORDER PARTIALLY ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION
Plaintiff Bonnie Burnette Erwin, a federal prisoner previously confined at the Federal Correctional Institution in Beaumont, Texas, proceeding pro se and in forma pauperis, filed this civil rights action pursuant to Bivens v. Six Unknown Agents of Federal Bureau of Narcotics, 403 U.S. 388 (1971), and the Federal Tort Claims Act against the United States of America, Michael Horowitz, Jeff Baney, James T. Jack, J. F. Caraway, Deborah Schull, the Director of the Federal Bureau of Prisons, Mark Inch, Dallas Jones, the FCC Beaumont, the Texas Secretary of State, the Secretary of State, Sonier, Louis Romos, Correct Care Solutions/Medical League Concepts, Croddack, Provost, and T. Pike.
The court referred this matter to the Honorable Zack Hawthorn, United States Magistrate Judge, at Beaumont, Texas, for consideration pursuant to applicable laws and orders of this court. The magistrate judge recommends dismissing the claims against defendants Horowitz, Jack, Schull, the Texas Secretary of State, and the Secretary of State of the United States of America pursuant to 28 U.S.C. § 1915(e) as frivolous and for failure to state a claim upon which relief may be granted.
The court has received and considered the Report and Recommendation of United States Magistrate Judge, along with the record and the pleadings. Plaintiff filed objections to the Magistrate Judge's Report and Recommendation. Plaintiff objects to the dismissal of defendant Jack, but does not object to the other recommendations.
The court has conducted a de novo review of the objections in relation to the pleadings and the applicable law. See FED. R. CIV. P. 72(b). After careful consideration, the court concludes that plaintiff's objections have merit, and defendant Jack will not be dismissed from this action at this stage.
ORDER
Accordingly, the Report and Recommendation of the magistrate judge (document no. 6) is ADOPTED to the extent that it recommends dismissal of the claims against defendants Horowitz, Schull, the Texas Secretary of State, and the Secretary of State of the United States of America. Defendants Michael Horowitz, Deborah Schull, the Secretary of State of Texas, and the Secretary of State of the United States of America are DISMISSED from this action.
SIGNED this the 30 day of November, 2020.
/s/_________
Thad Heartfield
United States District Judge