govinfo:USCOURTS-txed-1_24-cv-00185-1

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
BEAUMONT DIVISION
RICHARD WILLIAMSON §
VS.                                                                    §                 CIVIL ACTION NO.   1:24-CV-185
UNITED STATES OF AMERICA                     §    
ORDER ADOPTING THE MAGISTRATE
JUDGE’S REPORT AND RECOMMENDATION
Plaintiff Richard Williamson, a prisoner previously confined at the Federal Correctional
Complex in Beaumont, Texas, proceeding pro se, filed this civil rights action pursuant to the Federal
Tort Claims Act (FTCA).
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.
On September 3, 2026, the magistrate judge recommended granting Defendant’s Motion to Dismiss. 
To date, the parties have not filed objections to the Report and Recommendation.
The Court received and considered the Report and Recommendation of United States
Magistrate Judge pursuant to such referral, along with the record, pleadings and all available
evidence.  After careful review, the Court finds that the findings of fact and conclusions of law of
the United States Magistrate Judge are correct. 
After the expiration of the time for filing objections, Plaintiff filed a Motion for Extension
of Time.  Plaintiff did not request an extension to file objections.  Instead, he requested a ninety-day
extension of time to exhaust administrative remedies with the Bureau of Prisons.  In this case, it
would be futile to grant the motion.  Although the government moved for dismissal alleging, in part,
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that Plaintiff had not exhausted remedies, the magistrate judge rejected that argument.  Further, if
Plaintiff had not exhausted remedies, the action would be subject to dismissal because the FTCA
requires exhaustion prior to filing a civil action.  McNeil v. United States, 508 U.S. 106, 113 (1993). 
As a result, the Motion for Extension of Time should be denied.
ORDER
Accordingly, the findings of fact and conclusions of law of the magistrate judge are correct,
and the Report and Recommendation of the magistrate judge [Dkt. 30] is ADOPTED.  Plaintiff’s
Motion for Extension of Time [Dkt. 32] is DENIED.  Defendant’s Motion to Dismiss [Dkt. 25] is
GRANTED.  A final judgment will be entered in accordance with this Order.
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____________________________ 
Michael J. Truncale
United States District Judge
SIGNED this 30th day of September, 2026.
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