Jeudy v. U.S Deptartment of Labor ( 2020 )

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA MIAMI DIVISION CASE NO. 19-24353-CIV-KING/REID LENNCY JEUDY, Plaintiff, v. U.S. DEPARTMENT OF LABOR and OFFICE OF THE INSPECTOR GENERAL, Defendants. ________________________________/ FINAL ORDER OF DISMISSAL THIS CAUSE is before the Court on the November 3, 2020 Report and Recommendation (“R&R”) (DE 13) of Magistrate Judge Lisette M. Reid. Plaintiff’s objections were due by November 17, 2020; none were filed. On October 21, 2019, Plaintiff Lenncy Jeudy, a pro se federal prisoner at Coleman Medium, Federal Correctional Institution, filed this action seeking money damages for lost or stolen property. See Compl., DE 1. Plaintiff was granted leave to proceed in forma pauperis. DE 6. Pursuant to 28 U.S.C. § 1915(e)(2)(B), the Court is required to screen for potential lack of subject-matter jurisdiction of complaints filed in forma pauperis. (See generally R&R). The R&R recommends dismissing this case for lack of subject matter jurisdiction because “Plaintiff’s claim for monetary damages for loss of property seized by agents during the execution of a search warrant, falls under the exception to the United States’ waiver of sovereign immunity as set forth in 28 U.S.C. 2680(c).” Id. at 5. “Claims that are exempt under the Federal Tort Claims act, i.e., do not fall within the purview the United States waiver of sovereign immunity, should be dismissed for lack of subject matter jurisdiction.” /d. (citing Schlaebitz v. U.S. Dep’t of Justice, 924 F.2d 193, 195 (11th Cir. 1991)). Upon consideration of the record and the R&R, the Court finds that Magistrate Judge Reid’s well-reasoned R&R accurately states the law of the case. Therefore, itis ORDERED, ADJUDGED and DECREED that: 1. Magistrate Judge Lisette M. Reid’s Report and Recommendation (DE 13) be, and the same is, hereby AFFIRMED and ADOPTED as an Order of this Court; 2. Plaintiff's Complaint is hereby DISMISSED for lack of subject matter jurisdiction; and 3. The Clerk of Court shall CLOSE this case. DONE and ORDERED in Chambers at the James Lawrence King Federal Justice Building and United States Courthouse, Miami, Florida, this 2nd day of December, 2020. Serve ea " ] dah J ! a eat f\ JAMES LAWRENCE KING * # Lamon ff UNITED STATES DISTRICT ee GE SOUTHERN DISTRICT OF FLORIDA cc: Magistrate Judge Lisette M. Reid All counsel of record Clerk of Court Lenncy Jeudy, pro se