Donnell v. USA, No. 22-40296 (5th Cir. 2022)
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Case: 22-40296 Document: 00516434856 Page: 1 Date Filed: 08/16/2022 United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit FILED August 16, 2022 No. 22-40296 Summary Calendar Lyle W. Cayce Clerk Lamon Sandel Dewayne Donnell, Plaintiff—Appellant, versus United States of America, Defendant—Appellee. Appeal from the United States District Court for the Eastern District of Texas USDC No. 4:20-CV-714 Before Jones, Haynes, and Oldham, Circuit Judges. Per Curiam:* Criminally convicted prisoner Lamon Donnell filed a civil case claiming malicious prosecution against the Assistant United States Attorney who prosecuted him; the United States was substituted as the proper party defendant and moved to dismiss for want of subject matter jurisdiction. The * Pursuant to 5th Circuit Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Circuit Rule 47.5.4. Case: 22-40296 Document: 00516434856 Page: 2 Date Filed: 08/16/2022 No. 22-40296 district judge, based upon the recommendations of the magistrate judge, granted the Government’s motion to dismiss. We agree. See, e.g., 28 U.S.C. §§ 2401(b), 2675(a); Ramming v. United States, 281 F.3d 158, 162 (5th Cir. 2001) (regarding 28 U.S.C. § 2401(b)); Coleman v. United States, 912 F.3d 824, 834 (5th Cir. 2019) (regarding 28 U.S.C. § 2675(a)). Accordingly, the Government’s motion for summary affirmance is GRANTED, the alternative motion for an extension of time is DENIED, and the district court’s judgment is AFFIRMED. See Groendyke Transp., Inc. v. Davis, 406 F.2d 1158, 1162 (5th Cir. 1969). 2
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