Isaza v. Trotter et al

Filing 10

ORDER accepting and adopting Report and Recommendation 8 . This case is DISMISSED without prejudice. Signed by Judge Jennifer A. Dorsey on 4/19/2017. (Copies have been distributed pursuant to the NEF - DC)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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Rigoberto Enrique Isaza,

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Case No.: 2:15-cv-00891-JAD-CWH

Plaintiff

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Order Adopting Report and
Recommendation [ECF No. 8]
and Dismissing without Prejudice

v.

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Earl Marshall Trotter et al.,

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Defendants

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Rigoberto Enrique Isaza brings a civil rights complaint against Earl Marshall Trotter and

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Farmers Insurance under 42 U.S.C. § 1983 and N.R.S. 41.0322. Isaza alleges that he and his brother

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inherited a house in Las Vegas, Nevada, from their mother as evidenced by a will that a Farmer’s

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Insurance representative confirmed the existence of, but refuses to supply Isaza with a sealed copy

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of.1 Isaza further alleges that: (1) Trotter, an extended family member, has been renting the home

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out for $1,200 per month since 1999; (2) he is entitled to half of the rent that has been collected by

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Trotter; and (3) Trotter has been “defrauding” him of his $600 share of the proceeds every month

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since approximately 2004.2

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Magistrate Judge Hoffman recommends that Isaza’s case be dismissed without prejudice for

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failure to file an amended complaint within the time allowed by the court to do so after Isaza’s case

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was dismissed with leave to amend on February 17, 2017.3 The Report and Recommendation was

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entered March 22, 2017. Objections were due April 5, 2017. “[N]o review is required of a

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magistrate judge’s report and recommendation unless objections are filed.” Schmidt v. Johnstone,

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263 F. Supp. 2d 1219, 1226 (D. Ariz. 2003). See also Thomas v. Arn, 474 U.S. 140, 150

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ECF No. 1 at 3–4, 7.

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Id. at 4–5.

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ECF No. 8.

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(1985); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003). Isaza has filed no

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objections to the Report and Recommendation.

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Accordingly, and with good cause appearing,

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It is hereby ORDERED that Magistrate Judge Hoffman’s Report and Recommendation [ECF

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No. 8] is ACCEPTED and ADOPTED.

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It is further ORDERED that this case is DISMISSED without prejudice.

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DATED April 19, 2017.

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_________________________________
Jennifer A. Dorsey
United States District Judge

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