Thomas v. FCI Berlin, Warden, et al

UNITED STATES DISTRICT COURT
DISTRICT OF NEW HAMPSHIRE
Robert Thomas
v.
FCI Berlin, Warden
Case No. 23-cv-224-SE-AJ
ORDER
After due consideration of the objection filed, I herewith
approve the Report and Recommendation of Magistrate Judge Andrea K.
Johnstone dated May 28, 2024. For the reasons explained therein, this
action is dismissed in its entirety. While Mr. Thomas is correct that
other courts have previously recognized causes of action under Bivens
v. Six Unknown Named Agents of Fed. Bureau of Narcs., 403 U.S. 388
(1971) for extending incarceration beyond the correct release date
(which did not happen here), such an action is no longer available due
to more recent United States Supreme Court decisions. See Egbert v.
Boule, 596 U.S. 482 (2022). The Clerk of Court is directed to enter
judgment and close this case.
____________________________
Samantha D. Elliott
United States District Judge
Date: July 26, 2024
cc: Robert Thomas, pro se
Case 1:23-cv-00224-SE-AJ Document 7 Filed 07/26/24 Page 1 of 1