Opinion
Civil Action 1:05cv521
06-24-2021
EUGENE P. PATTERSON v. YOLANDA LEFLORE
MEMORANDUM ORDER ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION
THAD HEARTFIELD UNITED STATES DISTRICT JUDGE
Plaintiff Eugene P. Patterson, an inmate at the Federal Correctional Complex in Beaumont, Texas, proceeding pro se, brought this lawsuit.
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 the defendant's motion to dismiss for want of prosecution and dismissing this action without prejudice.
The court has received and considered the Report and Recommendation of United States Magistrate Judge filed pursuant to such referral, 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.
Further, and in the alternative, plaintiff's complaint fails to state a claim upon which relief may be granted. Plaintiff may not sue either individual defendants or the Bureau of Prisons under the Americans with Disabilities Act. See Marlin v. Alexandre, 254 Fed.Appx. 374, 375 (5th Cir. 2007). Additionally, Bivens has not been extended to claims of discrimination in UNICOR prison job assignments. “The Supreme Court has recently reiterated that expanding the Bivens cause of action has ‘become a disfavored judicial activity.'” Watkins v. Three Admin. Remedy Coordinators of Bureau of Prisons, No. 19-40869, ___F.3d ___, ___, 2021 WL 2070612, at *2 (5th Cir. May 24, 2021) (quoting Hernandez v. Mesa, ___U.S. ___, 140 S.Ct. 735, 742, 206 L.Ed.2d 29 (2020) (internal quotations omitted.)). The Supreme Court has permitted only one “Bivens claim for prisoner mistreatment - specially for failure to provide medical care.” Ziglar v. Abbasi, ___U.S. ___, 137 S.Ct. 1843, 1855 (2017). In this case, the Supreme Court has not extended Bivens to UNICOR prison job assignments, and plaintiff also had an available remedy in the prison grievance procedure. Therefore, Bivens should not be extended to plaintiffs claims. Accordingly, plaintiff has no cause of action.
ORDER
Accordingly, the findings of fact and conclusions of law of the magistrate judge are correct and the report of the magistrate judge is ADOPTED. It is
ORDERED that the defendant's motion to dismiss is GRANTED. A final judgment will be entered in this case in accordance with the magistrate judge's recommendations.