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 Lyle W. Cayce
Summary Calendar 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opinion should not be published and is not precedent except under the limited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