Caton v. Pastrada et al

Filing 12

ORDER adopting 9 Report and Recommendation of Magistrate Judge, dismissing 8 Amended Complaint, denying as moot 11 Plaintiff's Motion to Appoint Counsel, and closing case. Signed by Judge Joan A. Lenard on 2/26/2010. (mhz)

UNITED STATES DISTRICT COURT S O U T H E R N DISTRICT OF FLORIDA C A S E NO. 09-23733-CIV-LENARD/WHITE J A M E S R. CATON, P l a in tif f , vs. W A R D E N PASTRADA, et al., D e f e n d a n ts . ________________________________/

O R D E R ADOPTING REPORT AND DISMISSING AMENDED COMPLAINT T H I S CAUSE is before the Court on the Report and Recommendation ("Report," D .E . 9) issued by the Magistrate Judge on February 2, 2010. On December 16, 2009, P la in tif f , acting pro se, filed the Complaint in this action. Plaintiff subsequently filed an a m e n d e d complaint ("Amended Complaint," D.E. 8) on January 6, 2010, pursuant to the M a g is tra te Judge's order. In his Amended Complaint, Plaintiff alleges the Warden and o f f ic e rs at the Federal Correctional Center in Miami, Florida, denied him medical aid and p re s s u re d him into pleading guilty in a state court criminal case, in violation of 42 U.S.C. § 1 9 8 3 . Specifically, Plaintiff alleges that one officer incited inmates to attack him with glass a n d dried bleach and caused him to get into a fight. Furthermore, Plaintiff alleges the D e f en d a n ts knew he needed medical help but plotted to make him sick to cover for Officer R o c h e ' s hate crimes. T h e Report recommends Plaintiff's Amended Complaint be dismissed pursuant to 28

U .S .C . § 1915(e)(2)(ii) for failure to state a claim upon which relief may be granted. On F eb rua ry 10, 2010, Plaintiff filed what the Court construes to be objections to the Report (" O b je c tio n s ," D.E. 10). Plaintiff's Objections simply repeat several of the allegations c o n ta in e d in his Amended Complaint. Also, on February 10, 2010, Plaintiff filed a motion to appoint counsel (D.E. 11), requesting the Court appoint counsel for him due to his p s yc h ia tric condition. P u r s u a n t to 28 U.S.C. § 1915(e)(2), "[n]otwithstanding any filing fee, or any portion th e re o f , that may have been paid, the court shall dismiss the case at any time if the court d e ter m in e s that -- (A) the allegation of poverty is untrue; or (B) the action or appeal -- (i) is f riv o lo u s or malicious; (ii) fails to state a claim on which relief may be granted; or (iii) seeks m o n e ta ry relief against a defendant who is immune from such relief." 28 U.S.C. § 1 9 1 5 ( e )( 2 )( B ) . Accordingly, having conducted a de novo review of the Report, Objections, an d the record, and conducting an analysis pursuant to 28 U.S.C. § 1915(e)(2)(B), the Court f in d s that Plaintiff's Amended Complaint fails to state a claim on which relief may be g ra n te d . It is therefore ORDERED AND ADJUDGED that: 1. P lain tiff 's Amended Complaint (D.E. 8), filed on January 6, 2010, is D I S M I S S E D , for failure to state a claim pursuant to 28 U.S.C. § 1 9 1 5 (e)(2)(B ); 2. P la in tif f 's Motion to Appoint Counsel (D.E. 11), filed on February 10, 2 0 1 0 , is DENIED AS MOOT;

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T h is case is now CLOSED.

D O N E AND ORDERED in Chambers in Miami, Florida, this 26th day of February, 2010. ________________________________ J O A N A. LENARD U N I T E D STATES DISTRICT JUDGE

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