UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS

DAVID E. PARKER, § § Plaintiff, § § versus § CIVIL ACTION NO. 1:20-CV-342 § UNITED STATES OF AMERICA, § § Defendant. § MEMORANDUM ORDER OVERRULING PLAINTIFF’S OBJECTIONS AND ADOPTING THE MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION Plaintiff David E. Parker, a prisoner previously confined at the United States Penitentiary 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,

(1971), against the United States of America. The court ordered that this matter be referred 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 has submitted a Report and Recommendation of United States Magistrate Judge. The magistrate judge recommends dismissing the action pursuant to

(e). The court has received and considered the Report and Recommendation of United States Magistrate Judge, along with the record, pleadings, and all available evidence. Plaintiff filed objections to the magistrate judge’s Report and Recommendation. 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 the objections are without merit. The United States has not waived sovereign immunity for alleged constitutional violations and is immune from suit. Bivens v. Six Unknown Agents of the Federal Bureau of Narcotics,

(1971). Therefore, plaintiff has failed to state a claim upon which relief may be granted. To the extent that plaintiffs claims could liberally construed as an action arising under the Federal Tort Claim Act, plaintiff barred from filing suit in federal court until he exhausts administrative tort remedies. McNeil v. United States,

(1993). Although plaintiff filed inmate grievances concerning his claims, he did not pursue his tort claims by filing administrative tort remedies with the appropriate government agency. ORDER Accordingly, plaintiff's objections (#6) are OVERRULED. The findings of fact and conclusions of law of the magistrate judge are correct, and the report of the magistrate judge (#3) is ADOPTED. A final judgment will be entered in this case in accordance with the magistrate judge’s recommendation.

SIGNED at Beaumont, Texas, this 23rd day of March, 2021.

PNww be Orne. MARCIA A.CRONE- UNITED STATES DISTRICT JUDGE