Opinion
CASE NO. 1:09-cv-00176-MP-AK.
March 16, 2011
ORDER
Previously, this Court entered an order adopting the Report and Recommendation and dismissing the Amended Complaint. Subsequent to that order, the Plaintiff filed a motion for extension of time, claiming that he had not received the Report and Recommendation. The Court vacated the order adopting the Report and Recommendation and allowed Plaintiff to file an objection to the Report and Recommendation. Instead of filing an objection, however, Plaintiff moved to file an amended complaint.
In the proposed amended complaint, Plaintiff more fully explains the arguments he made earlier — that Florida's child support debt collection system is criminal in nature but governed by civil procedure; and that allowing the state to require him to pay child support while simultaneously denying him visitation or custody of the children violates due process.
Having reviewed the proposed complaint, the Court concludes that even if all factual allegations of the complaint were proven, Plaintiff still fails to allege how this violates any right guaranteed by federal statutory or constitutional law. Accordingly, it is hereby
ORDERED AND ADJUDGED:
1. The motion to amend, Doc. 12, is denied as amendment would be futile. The motion at Doc. 15 to serve the complaint is therefore also denied.
2. The Report and Recommendation of the Magistrate Judge is adopted and incorporated herein.
3. This case is dismissed and the Clerk is directed to close the file.DONE AND ORDERED.