Opinion
Civil Action 3:17-CV-130-C-BH
06-30-2021
KHALID AWAN, Plaintiff, v. DJ HARMON, Warden-Seagoville, et al., Defendants.
ORDER
SAM R. CUMMINGS UNITED STATES JUDGE
Before the Court are the Findings, Conclusions, and Recommendation of the United States Magistrate Judge therein advising the Court that Plaintiffs 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).
Plaintiff has failed to file objections to the Magistrate Judge's Findings, Conclusions, and Recommendation and the time to do so has now expired.
The Court has reviewed the Findings, Conclusions, and Recommendation for clear error 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 Plaintiffs 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).
SO ORDERED.