Harris v. U.S.

Full title: RONALD HARRIS, #04911-003 v. UNITED STATES OF AMERICA, et al

Court: United States District Court, N.D. Texas, Fort Worth Division

Date published: Apr 23, 2002

4:99-C V-686-R (N.D. Tex. Apr. 23, 2002)

Opinion

4:99-C V-686-R.

April 23, 2002

ORDER ADOPTING MAGISTRATE JUDGE'S FINDINGS AND CONCLUSIONS, PARTIALLY DISMISSING CLAIMS UNDER 28 U.S.C. § 1915A and 1915 (E)(2)(B), AND TRANSRERRING REMAINING CLAIMS (With Special Instructions to the Clerk of Court)

JERRY BUCHMEYER, UNITED STATES DISTRICT JUDGE

The Court has made an independent review of the following matters in the above-styled and numbered cause:

1. The pleadings and record;

2. The findings, conclusions, and recommendation of the United States magistrate judge filed on September 18, 2001.

Plaintiff's objections to the recommendation of the magistrate judge were denied by order entered October 17, 2001.

It is therefore ORDERED that the findings, conclusions and recommendation of the magistrate judge should be, and are hereby, ADOPTED as the findings of the Court.

It is further ORDERED that all of Plaintiffs claims against individual defendants Jaime Cacho, Bonnie Hand, Lillian Jimenez, Richard Laubaugh, and Dana Green should be DISMISSED WITHOUT PREJUDICE under the authority of 28 U.S.C. § 1915A(b) and under the authority of 28 U.S.C. § 1915 (e)(2)(B).

It is further ORDERED that all of Plaintiffs remaining claims, except for Plaintiff's claims under the FTCA for the negligence and wrongful acts or omissions of the United States occurring from January 5, 1997 through October 1, 1997, be DISMISSED WITH PREJUDICE under the authority of 28 U.S.C. § 1915A(b) and under the authority of 28 U.S.C. § 1915 (e)(2)(B).

It is further ORDERED that all of Plaintiff's remaining claims under the FTCA for the negligence and wrongful acts or omissions of the United States occurring from January 5, 1997 through October 1, 1997 be, and are hereby, transferred to the United States District Court for the Northern District of Florida.