UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS DANIEL THOMASON SMITH, § § Plaintiff, § § versus § CIVIL ACTION NO. 1:18-CV-615 § UNITED STATES OF AMERICA, et al., § § Defendants. § § ORDER OVERRULING PLAINTIFF’S OBJECTIONS AND ADOPTING THE MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION Plaintiff Daniel Thomason Smith, proceeding pro se and in forma pauperis, filed this civil action pursuant to Bivens v. Six Unknown Agents of Federal Bureau of Narcotics,

(1971), and the Federal Tort Claims Act against the United States of America and Dallas B. Jones. The court referred this matter to the Honorable Christine L. Stetson, 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 granting Defendants’ Motion to Dismiss. 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. ORDER Accordingly, Plaintiff's objections #39) are OVERRULED. The findings of fact and conclusions of law of the magistrate judge are correct, and the report of the magistrate judge (#38) is ADOPTED. Defendants’ Motion to Dismiss (#33) is GRANTED. A final judgment will be entered in this case in accordance with the magistrate judge’s recommendation.

SIGNED at Beaumont, Texas, this 14th day of March, 2022.

MARCIA A. CRONE UNITED STATES DISTRICT JUDGE