Greene

a

UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF LOUISIANA

ALEXANDRIA DIVISION

MICHAEL L GREENE #22768-058, CIVIL DOCKET NO. 1:25-CV-00538

Plaintiff SEC P

VERSUS JUDGE TERRY A. DOUGHTY

MIRANDA BORDELON ET AL, MAGISTRATE JUDGE PEREZ-MONTES

Defendants

REPORT AND RECOMMENDATION

Before the Court is a civil Complaint (ECF No. 1) filed pursuant to

, 403 U.S. 388 (1971), by

pro se Plaintiff Michael L. Greene (“Greene”). Greene is imprisoned at the United

States Penitentiary in Pollock, Louisiana (“USP-P”). He requests monetary damages

and injunctive relief for the alleged deprivation of adequate medical care and

retaliation.

Because Greene fails to state a viable claim, his Complaint should be DENIED

and DISMISSED WITH PREJUDICE.

I. Background

Greene claims he has been on a hunger strike since February 15, 2025, to

protest: (1) the Bureau of Prison’s (“BOP”) failure to properly classify him as a

medium security inmate; (2) widespread corruption in the BOP’s maximum security

prisons; and (3) USP-P’s contaminated water system. ECF No. 1 at 1-3. He asserts

that he “will not eat again until the BOP addresses the aforementioned issues.”

at 3.

Greene alleges that his hunger strike is causing low blood sugar, low blood

pressure, left kidney pain, extreme migraine headaches, dizzy spells, and “blacking

out.” ECF No. 1 at 3.

Greene further alleges that, in retaliation for his protest, Miranda Bordelon is

colluding with other staff members to punish him by taking him off Ensure health

supplement drink and intentionally trying to make Greene “pass out” so they can

“force a tube up his nose.” at 4. Greene asserts that he was wrongfully moved

from a medical observation cell to a non-observation cell in the Special Housing Unit

(“SHU”), in violation of BOP policy. at 5. He also alleges that Defendants falsified

documents claiming that Greene had eaten food. at 5-6.

Greene seeks injunctive relief in the form of an order that Defendants provide

him with Ensure or other fluids while he is on strike, an order that he be transferred

to another facility, and for costs to be assessed to Defendants. ECF No. 1 at 6.

In his Motion for Emergency Hearing, Greene alleges that he was transported

to the emergency room on May 5, 2025, to receive intravenous fluids due to

dehydration. ECF No. 6 at 2. He states that on May 9, 2025, Defendants threatened

to “force feed” him. .

In an Amended Complaint, Greene alleges that the prison doctor ordered that

he be provided with Ensure, broth, and other fluids, but staff members refuse to

comply with the doctor’s order. ECF No. 10 at 2. Considering this new allegation,

the Court ordered the Government to respond to the Emergency Motion and

Complaint within seven days.

Greene seeks damages “in excess of six million dollars,” as well as injunctive

relief. ECF No. 18.

II. Law and Analysis

A. Greene’s Complaint is subject to preliminary screening.

Because Greene is a prisoner1 suing officers or employees of a governmental

entity and proceeding , his Complaint is subject to preliminary

screening under 28 U.S.C. § 1915A and § 1915(e)(2). Both statues provide for

dismissal of a complaint, or any portion thereof, if a court finds it is frivolous

or malicious, if it fails to state a claim upon which relief may be granted, or if it seeks

monetary relief against a defendant who is immune from such relief.

B. Greene fails to state a viable claim for damages or injunctive relief.

A claim is “an implied private action for damages against federal

officers alleged to have violated a citizen's constitutional rights.”

, 534 U.S. 61, 66 (2001). In , the Supreme Court recognized a

cause of action for money damages under the Fourth Amendment where federal

agents allegedly “manacled” the plaintiff “in front of his wife and children and

threatened to arrest the entire family”; “searched the apartment from stem to stem”;

1 Under 28 U.S.C. § 1915(h), “‘prisoner’ means any person incarcerated or detained in any

facility who is accused of, convicted of, sentenced for, or adjudicated delinquent for, violations

of criminal law or the terms and conditions of parole, probation, pretrial release, or

diversionary program.”

and took him to a federal courthouse where he was “interrogated, booked, and

subjected to a visual strip search.” , 403 U.S. at 389.

In the next decade, the Supreme Court recognized two other causes of action

against federal officers: (1) for sex discrimination against a former congressional

staffer in violation of the Fifth Amendment, , 442 U.S. 228

(1979); and (2) for a failure to provide an asthmatic prisoner with adequate medical

care in violation of the Eighth Amendment, , 446 U.S. 14 (1980).

Since then, the Supreme Court has not once extended the remedy, and it has

declined to do so at least a dozen times. , 22-40579, 2023 WL

5814910, at *1 (5th Cir. 2023) (per curiam) (unpublished) (citing , 596

U.S. 482 (2022)).

Greene alleges that he is being denied adequate medical care in violation of

the Eighth Amendment and subject to retaliation under the First Amendment. To

succeed on a claim for the deprivation of medical care, a plaintiff must show that

Defendants are deliberately indifferent to his serious medical needs. To state a viable

claim, a plaintiff must allege that a federal actor refused to treat him, ignored his

complaints, knowingly treated him incorrectly, or otherwise evidenced a wanton

disregard for his serious medical needs. , 884 F.3d 534, 538

(5th Cir. 2018) (citing , 239 F.3d 752, 756

(5th Cir. 2001)). Greene provides no such allegations. In fact, he admits that he was

provided medical care when he was recently transported to the emergency room to

receive treatment for dehydration. ECF No. 6 at 1.

Furthermore, the Government provided records documenting the extensive

medical care Greene received. ECF No. 13-1. Greene formally declared his hunger

strike on February 15, 2025. ECF No. 13-1 at 1151. On February 18, 2025, V.

Jameson, RN, BSN, assessed Greene and documented his hunger strike. ECF No.

13-1 at 815. Nurse Jameson recorded Greene’s weight at 140.4 pounds and notified

the psychology services department of Greene’s condition. at 815-16. Nurse

Jameson advised Greene of the potential adverse health results of failing to intake

adequate nutrition, and Greene verbalized his understanding. Greene was placed

on medical observation, where he received several daily medical encounters.

Prison officials continued to deliver Greene’s meals, which he refused. ECF No. 13-1

at 4.

On February 19, 2025, normal vital statistics were noted, and Greene’s weight

was recorded at 139.5. ECF No. 13-1 at 812-13. Greene refused water. at 813.

Greene complained that he should not be housed at a penitentiary. . at 812.

The following day, Greene’s weight was recorded at 137. at 809. Maxwell

Dunbar, RN, noted elevated heart rate during seated to standing position change, as

well as dark urine output. at 810. Greene was advised of the risks of deficient

calorie intake and advised to hydrate to protect organ function.

Greene was also evaluated by Dr. Padilla that day. at 803. Greene denied

swallowing anything, but had a history of swallowing objects to obtain transport to

an outside hospital. Dr. Padilla ordered bloodwork, vitamins, and a urinalysis

for the duration of the hunger strike. Greene was advised of the possibility of

involuntary feeding if his medical condition became emergent, and he was advised to

drink water to avoid kidney damage. Greene again expressed his disagreement

with his placement at a penitentiary as the impetus for his hunger strike.

Prison staff continued to monitor Greene multiple times per day, but Greene

frequently refused lab work. ECF No. 13-1 at 769, 783, 792, 1094-99. Greene advised

Dr. Padilla that he would comply in exchange for “some old newspapers and

magazines.” at 792. Dr. Padilla noted that Greene received reading material the

day before, and “no newspapers or magazines will be exchanged for compliance.”

Greene continued to report that his hunger strike was due to his belief that he

should not be housed in a penitentiary. at 233, 621, 787, 798, 808, 812, 983. At

times, Greene refused medical care, stating that he will not eat or consent to medical

assessment until he is transferred from UPS-P. Greene was again advised to

drink water, eat small, frequent meals, and rest as needed. at 780.

On February 24, 2025, Greene refused medical assessment and lab work. He

took prescribed medication without water. at 769-771. Greene expressed a desire

to drink juice or coffee. He was offered Ensure, but he refused. Greene

refused assessment and labs again on February 25 and 26, 2025. at 751, 758.

On the afternoon of February 26, 2025, Dr. Padilla noted that Greene’s urine

contained ketones and protein, which could require a use of force to conduct blood

work and potential forced feeding. at 750. L. Kirkham, NP, ordered the

administration of three bottles of Ensure daily. at 748. Greene was provided

three bottles that day with Nurse Jameson and Ms. Bordelon as witnesses. at

746.

The following morning, Greene reported having consumed the three bottles of

Ensure and two cups of water. ECF No. 13-1 at 744. Dr. Padilla advised Greene that

staff would do whatever was necessary to preserve his life and health, including

forced feeding, if necessary. Greene then permitted staff to draw labs. He also

drank a bottle of Ensure and two cups of water. Greene indicated that he “might

eat something later on.”

On February 28, 2025, Greene reported feeling better than the day before. He

continued to drink Ensure and water and comply with medical assessments through

March 12, 2025. at 652- 734.

On March 12, Nurse Practitioner Kirkham noted that Greene and had been on

the nutritional supplement for 10 days, and his weight had stabilized at 133 lbs.

at 678. Nurse Practitioner Kirkham discussed discontinuing the nutritional

supplement, to which Greene reportedly responded: “Yeah, I probably don’t need it

anyway. Just bring me some coffee and milk.” at 678. The nurse practitioner

encouraged Greene to transition to solid foods.

Greene continued to refuse meals, but indicated that he was drinking water.

ECF No. 622-651. On March 18, 2025, Greene informed staff that he had no intention

of transitioning to solid food until he is transferred to a medium level institution.

at 621. He also stated: “I don’t really want Ensure but I go ahead and ask for it so

ya’ll can document that I'm asking for it so I don't have to get force fed.” at 621.

Nurse Practitioner Kirkham noted that Greene was consuming fluids throughout the

day such as water, Kool-Aid, and milk with creamer and sugar. He was also taking

daily vitamin supplements.

Staff continued to monitor Greene’s heath several times per day. at 589-

621. On March 25, 2025, Greene reported dizziness upon standing, but denied

dizziness during the assessment. at 588. Later that day, Nurse Sasser ordered

the administration of IV fluids. at 580.

Greene was transferred from the medical observation unit to the SHU on

March 26, 2025. ECF No. 13-1 at 576, 1156. Regular and consistent medical checks

continued.

On March 28, 2025, Nurse Sasser noted that Greene received two dinner trays

the prior evening. “He consumed the bottom portion of the cornbread, more than half

of the collard greens, the chicken quarter, and half of the sweet potato from both

trays. However, he still claims that he didn’t eat.” at 564. Greene disputes this

allegation.

On April 2, 2025, Dr. Serrano-Mercado noted:

During all this time, patient has been hydrating enough to produce

urine and bowel movements. Only on 1 occasion he needed to be

encouraged to increase hydration due to signs of orthostatic hypotension

which since then has not occurred again.

He’s had a total weight loss of 12.4 pounds. Starting weight:140#,

current weight: 128# with a BMI of 17.4.

He was observed gaining 2 pounds on 04/01/25.

His lab work is reported with normal kidney function and normal pre-

albumin levels on labs available until today.

My recommendation at this time is to monitor very closely to ensure he

is not eating from the trays and follow with good documentation of this.

He seems to be due for labs tomorrow, these would be good to have them

done to monitor again his kidney function and rest of lytes.

As of today, he does not show signs of dehydration or orthostatic

hypotension with review of labs and vital signs reviewed.

ECF No. 13-1 at 534. Daily medical assessments continued, with Greene reporting

to consume water, milk, and coffee. at 471-525.

On April 15, 2025, Greene refused his medical assessment. at 467. He

complained: “y’all refusing to give me liquids.” at 468. Greene admitted that the

sink in his cell was working, but stated that he wants other things to drink.

Greene continued to refuse medical assessments until April 21, 2025. He

claimed that he had not urinated or ingested fluids for seven days, except for coffee

the day before. ECF No. 13-1 at 436. He took his medication without water.

After Nurse Guillory left, Greene requested milk from his breakfast tray, which an

officer provided.

On April 24, 2025, Greene refused to leave his cell in the SHU for medical

assessment. at 430. He was transferred back to the medical observation cell.

The following day, Greene consented to a full medical assessment and labs. at

424-26. His weight was 125 lbs. at 422. Greene denied intake of fluids, but again

requested milk from the breakfast trays and a cup of water. Greene reported that

he last urinated two days prior.

Over the following days, Greene increased fluid intake and was returned to

general population. ECF No. 13-1 at 407-12. Still, he continued to refuse meals.

On April 30, 2025, Greene was transported back to medical observation and

consented to assessment. at 398. Nurse Practitioner Delrie informed Greene that

his thiamine level was low, and Greene agreed to take vitamins. at 394. The

nurse practitioner ordered multivitamins, Vitamin B, and Thiamine tablets. at

396.

Daily monitoring continued through May 2, 2025, where Nurse Practitioner

Delrie noted hypotension. at 376, 379. The nurse practitioner had a “long

discussion” with Greene about his increased chance of organ failure and death from

malnutrition. Greene was agreeable to labs and IV hydration.

A few hours later, Dr. Padilla examined Greene and noted orthostatic

hypotension, low Vitamin B, and creatine. at 376. Dr. Padilla administered IV

fluids and prescribed two cartons of nutritional supplement three times per day for

four days. at 378.

Greene consumed Ensure on May 3 through 5, 2025, but continued to refuse

food. His weight was between 127-129 lbs. at 362, 372, 383. Dr. Serrano-Mercado

performed a chart review, finding that Greene was at high risk for refeeding

syndrome. at 356. The doctor recommended evaluation for psychosis due to

Greene’s low thiamine level. Dr. Serrano-Mercado also recommended:

1. Urine and prealbumin at least weekly and I would add thiamine

since he is already less than 6. He was evaluated by psychology on

04/25/25 and found him not psychotic. Every time he continues to

have thiamine low, I would suggest psychology referral to rule out

psychosis.

2. Rest of the chemistries with Mg, Phosphorus, and thiamine every 2

weeks or by clinical judgement.

3. He should be offered every single day: thiamine 100 mg daily, B

complex 1 tab daily and Multivitamin tab I daily.

4. Ensure or oral nutritional supplement CAN be offered for voluntary

consumption ONLY IF there is objective evidence of malnutrition

and would otherwise require enteral feeding. These are provided to

avoid refeeding syndrome for when he starts oral consumption.

*** If he continues to lose weight and reaches 10% of total weight

loss in 3 months, I will recommend proceeding with ENTERAL

FEEDING with Nutren or Resource 2.0. and to follow as stated

on Appendix 4, page 21 of the Hunger Strike CPG’s. *** I would

also suggest continuing with psychology evaluations weekly since

this is a requisite prior to enteral feeding and he is very close to

this. ***

5. His prealbumin has continuously been reported among normal

values. If prealbumin drops to 15, an immediate psychology

evaluation should be performed to go towards involuntary feeding

since we need to make sure he does not drop to a prealbumin 11

because that would place him at a higher mortality level.

6. With the reported labs today: I would suggest starting an IV fluid:

Half normal saline (0.45%) I Liter with 500 mg Thiamine at 250

mL/hr. *** Ensure the IVF DOES NOT have added glucose. If you

only have 0.45% with DSW, you WILL NEED to administer first by

itself the thiamine 500 mg prior to the IVF. ***

7. Continue close monitoring of his weight and vitals.

at 356. Ensure was discontinued, and Greene was transported to the emergency

room for administration of intravenous fluids with thiamine. at 352, 1131.

Hospital records note:

47-year-old male with depression is here from Pollock prison on a

Hunger Strike for the past 75 days drinking only fluids and lab work

was collected and thiamine is <6 from lab collected 4-25-25. Patient has

been taking oral thiamine 100 mg since April 30th and repeat lab work

collected May 2nd has not resulted yet. Regional Medical Director

recommends thiamine 500 mg IV at local ED so has come from local

prison and he does state he has been drinking ensure 2 cans 3 times a

day since Friday.

ECF No. 13-1 at 1117. Greene was administered intravenous fluids with thiamine.

. at 1117, 1131. His lab work returned to normal, and he was transported back to

USP-P.

Greene continued fluid intake, and medical staff monitored his health with

labs and physical assessments. However, on May 9, 2025, Greene refused fluids and

vitamins. He stated that he would not drink until some of his “conditions” were met.

at 312. His weight was recorded at 123 lbs., so Nurse Practitioner Delrie discussed

possible enteral feedings. Greene drank water and coffee, and Dr. Padilla

prescribed four days of the nutritional supplement regimen. Greene advised Dr.

Padilla that he “is going to sue everyone.” at 311. Greene reiterated that he

should not be housed at a penitentiary.

Greene’s protocol remained the same, and his condition was stable through

May 20, 2025. ECF No. 13-1 at 247-299. However, on May 21, 2025, Dr. Serrano-

Mercado noted that Greene was orthostatic and losing weight despite consuming six

boxes of Ensure daily. at 240. Accordingly, Dr. Serrano-Mercado ordered enteral

feeding.

Nurse Practitioner Delrie had “multiple discussions” with Greene about

nasogastric feeding, but he still refused food. at 232. The warden authorized the

feeding, and a nasal gastric tube (“NGT”) was placed, delivering 250 mL of enteral

feeding. Greene returned to medical observation. The nurse practitioner

explained that NGT feedings would continue for nine days if Greene continued his

strike. Greene replied: “You know I’m not going to eat.”

Each day, Greene was provided the opportunity to eat, and each day he

declined. The NGT feedings continued. Greene spoke “loudly and frequently

about his pending court cases” throughout the feedings, and claimed he was being

tortured. at 186, 205, 214. On May 27, 2025, the NGT feedings were discontinued

due to Greene’s improvement. at 152-53.

Dr. Padilla examined Greene on June 4, 2025, and discussed the reasons for

Greene’s hunger strike. at 113. Dr. Padilla advised Greene that no one was lying

to him, and everyone has tried to help him. He informed Greene that “the BOP has

strict policies on points and time served and him doing a hunger strike was not going

to change that policy.” When Greene complained that his Ensure was

discontinued, Dr. Padilla explained “that BOP policy does not support chronic use of

Ensure” and that enteral feeding “is done if his BMI gets to 17 or below.” Dr.

Padilla recommended four packets of milk powder with each meal.

Hunger strike protocol continued, with Greene receiving 4 to 5 packets of milk

with every meal. at 17, 20, 25, 56, 61, 76. On June 8 and 11, 2025, Greene

declared that he was feeling “great.” at 34, 65-66.

The record is clear that Defendants have not refused to treat Greene, ignored

his complaints, knowingly treated him incorrectly, or otherwise evidenced a wanton

disregard for his serious medical needs. In fact, the medical documents prove the

opposite. Greene has received—and continues to receive—medical assessments

multiple times a day, as well as medical treatment from numerous medical doctors,

nurse practitioners, and registered nurses.

Greene believes that he should be provided specific medical care in the form of

Ensure nutritional supplement. But Greene experienced orthostatic hypotension and

weight loss even with six boxes of Ensure per day. ECF No. 13-1 at 240. And Dr.

Padilla explained that Ensure is not a long-term solution or treatment. at 113.

The record shows that prison officials have followed all the medical orders issued by

Dr. Padilla and Dr. Serrano-Mercado. Greene clearly disagrees with the medical care

he is receiving, but a prisoner’s disagreement with medical treatment is generally not

sufficient to show deliberate indifference. , 463 F.3d 339, 346

(5th Cir. 2006); , 438 F.2d 918, 919 (5th Cir. 1971)

(“Since petitioner does not wish to undergo extensive dental extractions, the prison

authorities are not to be held responsible for the cause of his suffering.”). Greene’s

choice to engage in a prolonged hunger strike due to his belief that he is misclassified

is the cause of his suffering.

Greene’s allegation that USP-P water is contaminated is unsupported and

conclusory. ECF No. 1 at 3. Conclusory allegations are insufficient to state a

constitutional claim. , 550 U.S. 544, 555 (2007).

Greene asserts that Defendants are unconstitutionally threatening to “force-

feed” him. Federal courts have generally approved of force-feeding inmates on hunger

strike, regardless of whether the person was a convicted prisoner, a pre-trial detainee,

or a person held pursuant to a civil contempt order. , 134 F.Supp.2d

1238, 1255 (N.D. Ala. 2001); , 23-CV-10025, 2023

WL 6216338, at *1 (D. Kan. 2023) (authorizing force-feeding); , 953

F. Supp. 2d 213, 222 (D.D.C. 2013) (denying injunction to stop Government from

force-feeding). Furthermore, federal regulations specifically authorize force-feeding

or other medical treatment for prisoners on hunger strikes without the prisoner’s

consent if there is “a medical necessity for immediate treatment of a life or health

threatening situation.” 28 C.F.R. § 549.65. “The mere allegation of forced-feeding

does not describe a constitutional violation,” , 977 F.2d 421 (8th

Cir. 1992), nor does the threat of force-feeding, , No. 02-10984,

2003 WL 21108479, at *1 (5th Cir. 2003) (per curiam) (verbal threats do not amount

to a constitutional violation); , 877 F.2d 14, 17 (8th Cir. 1989)

(prisoner’s constitutional rights “were not violated by the threat of receiving

involuntary nourishment”).

Accordingly, Greene fails to adequately allege a constitutional deprivation of

medical care sufficient to state a viable claim or a claim for injunctive relief.

Greene alleges that Miranda Bordelon retaliated by refusing to provide him

with Ensure nutritional supplement. However, the Supreme Court has never

recognized a cause of action under the First Amendment.

, 998 F.3d 682, 686 (5th Cir. 2021)

(citing , 566 U.S. 658, 663 n.4 (2012); , 462 U.S. 367,

368 (1983)). And Greene does not state a viable claim for injunctive relief based on

his allegations of retaliation. “To state a claim of retaliation an inmate must allege

the violation of a specific constitutional right and be prepared to establish that but

for the retaliatory motive the complained of incident . . . would not have occurred.”

, 60 F.3d 1161, 1166 (5th Cir. 1995). Greene does not adequately

allege the violation of a constitutional right because “where a prison grievance

process exists, undertaking a hunger strike ‘does not clearly implicate the exercise of

any specific constitutional right and does not support a claim for retaliation.’”

, 23-cv-2792, 2023 WL 6798120, at *3 (S.D. Tex. 2023),

23-20529, 2024 WL 4708000 (5th Cir. 2024) (quoting , 14-cv-138, 2015

WL 4527683, at *5 (M.D. La. 2015);

, 369 F.3d 854, 864 (5th Cir. 2004) (“‘If the inmate is unable to point to a

specific constitutional right that has been violated, the [retaliation] claim will fail.’”)

(citation omitted). Furthermore, as discussed above, Ensure was only prescribed by

physicians at certain times—and Greene received the Ensure as prescribed.

has likewise never been extended to a claim regarding custody

classification or housing assignments. Therefore, Greene fails to state a viable claim

for damages related to his classification. Nor does he state a viable claim for

injunctive relief. A prisoner has no protected liberty interest in the location of his

confinement or his custody classification. , 59 F.3d 530, 533

(5th Cir. 1995) (explaining that “a prison and an inmate’s disagreement with a

classification is insufficient to establish a constitutional violation”);

, 6:24-cv-060, 2025 WL 1062313, at *4 (E.D. Tex. 2025),

2025 WL 830992 (E.D. Tex. 2025); , 172

F. App’x 589, 591 (5th Cir. 2006) (citing , 427 U.S. 215, 225 (1976));

, 157 F. App’x 767, 768 (5th Cir. 2005); ,

217 F.3d 332, 334 (5th Cir. 2000); , 20-cv-117, 2020 WL 6054930,

at *5 (M.D. La. 2020), , 2020 WL 6051252 (M.D.

La. 2020). Prison psychologist Dr. Stephenson contacted Greene’s unit team for

clarification regarding Greene’s classification. Dr. Stephenson noted that the BOP

would not consider placement in a medium security facility because Green had over

30 years remaining on his sentence. ECF No. 13-1 at 980 (“Greene was informed

due to sentence length (still having more than 30 years on his sentence) an FCI will

not be considered.”); ECF No. 13-1 at 986 (Greene “cannot go to an FCI until he has

under 20 years left on his sentence”). Greene has no right to be housed at another

facility.

III. Conclusion

Because Greene fails to state a viable constitutional claim for injunctive relief

or damages under , IT IS RECOMMENDED that the Complaint (ECF No. 1)

be DENIED and DISMISSED WITH PREJUDICE under 28 U.S.C. §§ 1915(e)(2)(b)

and 1915A.

Under 28 U.S.C. § 636(b)(1)(c) and Fed. R. Civ. P. 72(b), a party may file

written objections to this Report and Recommendation within 14 days of service,

unless the Court grants an extension of time to file objections under Fed. R. Civ. P.

6(b). A party may also respond to another party’s objections to this Report and

Recommendation within 14 days of service of those objections, again unless the Court

grants an extension of time to file a response to objections.

No other briefs may be filed without leave of court, which will only be granted

for good cause. A party’s failure to timely file written objections to this Report and

Recommendation will bar a party from later challenging factual or legal conclusions

adopted by the District Judge, except if the challenge asserts “plain error.”

SIGNED on Thursday, October 23, 2025.

“ om

JOSEPH H.L. PEREZ-MONTES

UNITED STATES MAGISTRATE JUDGE