Opinion
CIVIL ACTION NO. 1:18-CV-228
07-17-2018
DANIEL ROY SMITH, Plaintiff, v. UNITED STATES OF AMERICA, Defendant.
MEMORANDUM ORDER ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION
Plaintiff Daniel Roy Smith, a prisoner confined at the United States Penitentiary in Beaumont, Texas, proceeding pro se, brought this civil action pursuant to the Federal Tort Claims Act.
The court referred this matter to the Honorable Keith F. Giblin, United States Magistrate Judge, at Beaumont, Texas, for consideration pursuant to applicable laws and orders of this court. The magistrate judge recommends granting plaintiff's motion to dismiss the action.
The court has received and considered the Report and Recommendation of United States Magistrate Judge filed pursuant to such order, along with the record, pleadings and all available evidence. No objections to the Report and Recommendation of United States Magistrate Judge were filed by the parties.
ORDER
Accordingly, the findings of fact and conclusions of law of the magistrate judge are correct, and the report of the magistrate judge (#5) is ADOPTED. Plaintiff's motion to dismiss the action (#4) is GRANTED. A final judgment will be entered in this case in accordance with the magistrate judge's recommendation.
SIGNED at Beaumont, Texas, this 17th day of July, 2018.
/s/_________
MARCIA A. CRONE
UNITED STATES DISTRICT JUDGE