US District Court Southern District of Florida (Miami) - United States ...

Case 1:09-cv-22905-JAL Document 9 Entered on FLSD Docket 11/05/2009 Page 2 of 2
existence of the state remedy precludes the availability of § 1983 relief for negligent or
intentional deprivation of personal property.” (Report at 4-5.) Plaintiff’s Objections urge
the Court to allow Plaintiff to amend his Complaint but do not provide any detail as to how
an amended complaint might allege a federal cause of action. Rather, Plaintiff now states
that his due process rights have been violated as he has been transferred to another “‘much
harsher condition’ jail,” in retaliation. (Objections at 2.) The Court finds that Plaintiff’s
Objections are without merit and amendment would be futile. Accordingly, it is ORDERED
AND ADJUDGED that:
2009.
1. The Report of the Magistrate Judge (D.E. 5), issued on October 23, 2009, is
ADOPTED;
2. Plaintiff’s Complaint (D.E. 1), filed on September 28, 2009, is DISMISSED
pursuant to 28 U.S.C. § 1915(e)(2)(b)(ii), for failure to state a claim upon
which relief can be granted;
3. This case is now CLOSED.
DONE AND ORDERED in Chambers at Miami, Florida this 5th day of November,
___________________________________
JOAN A. LENARD
UNITED STATES DISTRICT JUDGE
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