Isaza v. Trotter et al

Filing 31

AMENDED ORDER that 24 Report and Recommendation is ADOPTED, Isaza's objections (ECF No. 28 ) are OVERRULED, and this case is dismissed with prejudice. The Clerk of Court is instructed to enter judgment accordingly and CLOSE THIS CASE. Signed by Judge Jennifer A. Dorsey on 6/6/16. (Copies have been distributed pursuant to the NEF - MMM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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Rigoberto Enrique Isaza,
2:15-cv-00632-JAD-GWF

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Plaintiff

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v.

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Earl Marshal Trotter, et al.,

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AMENDED Order Adopting
Report and Recommendation
and Dismissing Complaint with
Prejudice
[ECF Nos. 24, 28]

Defendants

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Pro se Nevada state prisoner Rigoberto Enrique Isaza sues his step father Earl Marshal

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Trotter and Farmers Insurance for civil-rights violations under 42 U.S.C. § 1983. Isaza alleges that

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Trotter defrauded him out of his share of the rental income from the family house and that Farmers

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Insurance and Trotter breached Isaza’s mother’s will. Magistrate Judge Foley screened Isaza’s

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amended complaint and recommends that I dismiss it with prejudice because Isaza has not pleaded

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any facts to show that Trotter or Farmers were acting under color of state law or that these

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defendants deprived him of a right secured by the Constitution or the laws of the United States.1

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Isaza’s timely objections2 do not cure the deficiencies identified by the magistrate judge.

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Isaza conclusorily argues that the breach of his mother’s will is a constitutional injury, that he has a

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constitutional right to inheritance from his mother, that defendants have violated federal probate

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laws, and that Farmers Insurance “acts under state laws.”3 Isaza still offers no facts to show that his

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federally established rights were violated or that the defendants acted under color of state law. I

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therefore adopt Magistrate Judge Foley’s report and recommendation and dismiss Isaza’s claims for

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failure to state a claim. And because Isaza has previously been granted leave to amend and I find

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that amendment would be futile, this dismissal is with prejudice, and I direct the Clerk of Court to

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ECF No. 24.

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ECF No. 28.

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Id.
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close this case.

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Conclusion
Accordingly, with good cause appearing and no reason to delay, IT IS HEREBY ORDERED,

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ADJUDGED, and DECREED that Magistrate Judge Foley’s report and recommendation [ECF

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No. 24] is ADOPTED, Isaza’s objections [ECF No. 2 ] are OVERRULED, and this case is

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dismissed with prejudice.

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The Clerk of Court is instructed to enter judgment accordingly and CLOSE THIS CASE.

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Dated this 6th day of June, 2016.

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_________________________________
_________________________
_ __ _________ _
_ ____
Jennifer A. Dorsey
Jennifer A. Dorsey
n
Do s
United States District Judge
United States
ted at
t
ge
ge

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