Coffield v. United States et al

Filing 10

AMENDED ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION, affirming 6 PRELIMINARY REPORT AND RECOMMENDATIONS on 42 USC 1983 case, dismissing 1 Complaint 42 USC 1983 or Bivens filed by Benjamin Marice Coffield. Closing Case. Signed by Judge Robert N. Scola, Jr on 8/21/2017. (lrz1)

United States District Court
for the
Southern District of Florida
Benjamin Marice Coffield,
Plaintiff,
v.
Broward County Main Jail, and
others, Defendants.

)
)
) Civil Action No. 17-61366-Civ-Scola
)
)

Amended Order Adopting Magistrate Judge’s Report And Recommendation
This case was referred to United States Magistrate Judge Patrick A. White,
consistent with Administrative Order 2003-19 of this Court, for a ruling on all
pre-trial, nondispositive matters and for a Report and Recommendation on any
dispositive matters. On July 20, 2017, Judge White issued a Report,
recommending that, upon initial screening in accordance with 28 U.S.C. § 1915,
the Court dismiss the Plaintiff’s civil rights case. (Report of Magistrate, ECF No.
6.) On August 18, 2017, the Court affirmed and adopted Judge White’s Report
and dismissed the Plaintiff’s complaint. (Order, ECF No. 9.) On the same day, the
Plaintiff filed objections to the Report. (Objs., ECF No. 8.)
The Court has conducted a de novo review. The Court further has
considered Judge White’s Report, the Objections, the record, and the relevant
legal authorities. The Plaintiff asserts that Judge White misapprehended the
Plaintiff’s allegations in his complaint. He claims that he is contesting the
arbitrary nature of his confinement, but not length of his confinement. (Objs. at
2.) Nothing in the Plaintiff’s objections alters the Court’s order adopting Judge
White’s Report and Recommendation. The Court finds Judge White’s Report and
Recommendation cogent and compelling. The administrative segregated
confinement at issue in the Plaintiff’s complaint does not violate the Plaintiff’s due
process rights, and thus cannot give rise to a civil rights claim under 42 U.S.C.
§ 1983. See Al-Amin v. Donald, 165 Fed. App’x 733, 738 (11th Cir. 2006).
Accordingly, the Court again affirms and adopts Judge White’s Report and
Recommendation (ECF No. 6). The Court dismisses the Plaintiff’s Complaint
(ECF No. 1). Finally, the Court directs the Clerk to close this case.
Done and ordered, at Miami, Florida, on August 21, 2017.
_______________________________
Robert N. Scola, Jr.
United States District Judge