Case Information
*1 Case 9:09-cv-80657-WJZ Document 12 Entered on FLSD Docket 08/12/2009 Page 1 of 2
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO. 09-80657-CIV-ZLOCH JAMES BRUCIA,
Plaintiff, vs. O R D E R RICK BRADSHAW, et al.,
Defendants.
/
THIS MATTER is before the Court upon the Report Of Magistrate Judge (DE 8) filed herein by United States Magistrate Judge Patrick A. White and upon Plaintiff’s Motion For Leave To Amend Complaint (DE 11). The Court has conducted a de novo review of the entire record herein and is otherwise fully advised in the premises.
In his Report (DE 8), Magistrate Judge White recommends that Plaintiff’s Complaint be dismissed pursuant to 28 U.S.C. § 1915 (e)(2)(b)(ii) for failure to state a claim upon which relief can be granted.
Within the time prescribed for filing Objections to the Report, Plaintiff filed a Motion For Leave To Amend Complaint (DE 11). He also filed his proposed Amended Complaint (DE 10), which itself failed to state a claim upon which relief can be granted for the same reasons set forth in Magistrate Judge White’s Report. Thus, Plaintiff’s Motion For Leave To Amend Complaint (DE 11) will be denied.
Accordingly, after due consideration, it is ORDERED AND ADJUDGED as follows:
1. Plaintiff James Brucia’s Motion For Leave To Amend Complaint (DE 11) be and the same is hereby DENIED ; *2 Case 9:09-cv-80657-WJZ Document 12 Entered on FLSD Docket 08/12/2009 Page 2 of 2
2. The Report Of Magistrate Judge (DE 8) filed herein by United States Magistrate Judge Patrick A. White be and the same is hereby approved, adopted and ratified by the Court; and
3. Final Judgment will be entered by separate Order. DONE AND ORDERED in Chambers at Fort Lauderdale, Broward County, Florida, this 12th day of August, 2009.
WILLIAM J. ZLOCH United States District Judge Copies furnished:
The Honorable Patrick A. White
United States Magistrate Judge
James Brucia
DC #978961
Union Correctional Institution 7819 N.W. 228th Street
Raiford, FL 32026 2
