MARTIN REIDINGER, District Judge.
On January 16, 2019, Paul E. Owen (the "Plaintiff") brought this action against the United States of America (the "Government"), asserting a claim based on negligence. [Doc. 1 at ¶ 8]. On March 22, 2019, the Government filed a Motion to Dismiss Complaint Pursuant to Rule 12(b)(1) of the Federal Rules of Civil Procedure. [Doc. 8]. Pursuant to 28 U.S.C. § 636(b) and the Standing Orders of Designation of this Court, the Honorable William Carleton Metcalf, United States Magistrate Judge, was designated to consider the Government's motion to dismiss and to submit a recommendation for its disposition. On September 17, 2019, the Magistrate Judge issued a Memorandum and Recommendation, which recommended that the Government's Motion to Dismiss be granted. [Doc. 10].
On October 1, 2019, the Plaintiff filed Objections to Judge's Memorandum and Recommendation [Doc. 12]. On October 7, 2019, the Government filed a response to the Plaintiff's Objections to Memorandum and Recommendation [Doc. 13].
The Federal Magistrate Act requires a district court to "make a de novo determination of those portions of the report or specific proposed findings or recommendations to which objection is made." 28 U.S.C. § 636(b)(1). In order "to preserve for appeal an issue in a magistrate judge's report, a party must object to the finding or recommendation on that issue with sufficient specificity so as reasonably to alert the district court of the true ground for the objection."
The Plaintiff has filed what purports to be objections to the Magistrate Judge's Memorandum and Recommendation. The Plaintiff's filing, however, does not identify any specific error in the Magistrate Judge's proposed conclusions of law. Rather, the Plaintiff simply restates the allegations and legal theories asserted in his Complaint.
Nevertheless, the Court will proceed to address the Plaintiff's arguments. The Plaintiff raises three objections to the Magistrate Judge's conclusions.
First, the Plaintiff alleges that "[t]he Plaintiff's claim does not fall within the scope of 28 U.S.C. § 2680(c)" and "therefore the United States has waived its sovereign immunity for the Plaintiff's claim." [Doc. 12 at 1].
In this case, the Plaintiff alleges that the Government took possession of his vehicle and trailer at the time of his arrest. The Government did not seek forfeiture of this property, but simply stored it. [Doc. 1 at 3]. The Plaintiff asserts that the Government's storage of the property was negligent in that it was removed from storage, damaged, and abandoned. [
The United States is generally immune from suit,
The Plaintiff argues that the FTCA applies here and waives the Government's sovereign immunity. [Doc. 12 at 2]. The Plaintiff's claim, however, is clearly for the negligent storage of detained property by law enforcement. The United States is immune from such a claim.
The Plaintiff's second objection is that "the United States effectively seized his property for no valid reason and therefore was an unconstitutional taking of the Plaintiff's property without just compensation." [Doc. 12 at 2]. The Plaintiff seems to be raising a challenge under the Takings Clause of the Fifth Amendment, which prohibits the taking of private property without just compensation.
The facts alleged by the Plaintiff are entirely inconsistent with a claim for inverse condemnation under the Takings Clause of the Fifth Amendment. The Plaintiff does not claim that the Government took the property for its own use, thus triggering a right to compensation. The Plaintiff merely alleges that the Government was negligent in its handling of the property. The Taking Clause is inapposite. Therefore, the Plaintiff's second objection is overruled.
The Plaintiff's third objection argues that the United States is liable for the damage to the Plaintiff's property because it had no evidentiary value. [Doc. 12 at 2].
After a careful review of the Memorandum and Recommendation, the Court concludes that the Magistrate Judge's proposed conclusions of law are correct and are consistent with current case law, including Supreme Court precedent. Accordingly, the Court hereby accepts the Magistrate Judge's recommendation that the Government's motion to dismiss should be granted on the grounds of sovereign immunity.
Accordingly,
The Clerk of Court is respectfully directed to close this case.