IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS CENTRAL DIVISION

GABRIEL GONZALEZ Reg. #30515-112 PLAINTIFF

No. 4:19-cv-881-DPM

UNITED STATES OF AMERICA DEFENDANT

ORDER On de novo review, the Court adopts Magistrate Judge Harris’s recommendation, Doc. 7, and overrules Gonzalez’s objections, Doc. 14. FED. R. Civ. P. 72(b)(3). Gonzalez’s FTCA claim is barred by sovereign immunity.

(c); Ali v. Federal Bureau of Prisons,

(2008). Gonzalez alternatively asks the Court to reconstrue his complaint as a Bivens action. Doc. 14 at 1; Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics,

(1971). The Court construes this as a motion to amend. That motion is denied, though, because the amendment would be futile. An intentional deprivation of property does not violate due process if there is a meaningful post-deprivation remedy. Hudson v. Palmer,

(1984). The Bureau's Administrative Remedy Process fits that bill. Gonzalez’s amended complaint will be dismissed without prejudice for failure to state a claim. This dismissal counts as a “strike”

within the meaning of

(g). An in forma pauperis appeal from this Order and accompanying Judgment would not be taken in good faith. So Ordered.

Arado fe D.P. Marshall Jr. United States District Judge da Jodi ACAO

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