Blankenship v. Blankenship et al

Filing 10

ORDER ADOPTING REPORT AND RECOMMENDATION, DISMISSING ACTION FOR LACK OF JURISDICTION AND DENYING LEAVE TO PROCEED IN FORMA PAUPERIS. The Court ADOPTS the Report and Recommendation ECF No. 8 . This action is DISMISSED and the application to proceed in forma paupers ECF No. 2 is DENIED. Signed by Chief Judge Thomas O. Rice. (LLH, Courtroom Deputy)

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1 2 3 4 5 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WASHINGTON 6 7 ARTEMUS BLANKENSHIP, NO: 2:16-CV-0291-TOR Plaintiff, 8 9 10 11 v. SONJA M. BLANKENSHIP, et al., Defendants. ORDER ADOPTING REPORT AND RECOMMENDATION, DISMISSING ACTION FOR LACK OF JURISDICTION AND DENYING LEAVE TO PROCEED IN FORMA PAUPERIS 12 13 Magistrate Judge Dimke filed a Report and Recommendation on September 14 16, 2016, recommending this action be dismissed for lack of jurisdiction and to deny 15 leave to proceed in forma pauperis (ECF No. 8). Plaintiff, a pro se prisoner at the 16 Salinas Valley State Prison in Soledad, California, attempted to sue the widow and 17 executrix of his father’s estate to compel the production of his father’s “last will and 18 testament” and it’s execution. 19 The Court found that Ms. Blankenship’s conduct as a private individual, 20 would not subject her to liability under 42 U.S.C .§ 1983. Gomez v. Toledo, 446 U.S. ORDER ADOPTING REPORT AND RECOMMENDATION, DISMISSING ACTION FOR LACK OF JURISDICTION AND DENYING LEAVE TO PROCEED IN FORMA PAUPERIS --1 1 635, 640 (1980); Ouzts v. Maryland Nat'l Ins. Co., 505 F2.d 547, 559 (9th Cir. 1974); 2 Van Ort v. Estate of Stanewich, 92 F. 3.d 831, 835 (9th Cir. 1996). Plaintiff had 3 presented no facts showing the John Doe Defendants, acting under color of state law, 4 violated Plaintiff’s constitutional rights. West v. Atkins, 487 U.S. 42, 48 (1988). 5 Furthermore, the remedies Plaintiff sought, including property from his deceased 6 father’s estate, were matters best deferred to the state probate courts. Marshall v. 7 Marshall, 547 U.S. 293, 298-299 (2006). 8 Objections to the Report and Recommendation were to be filed no later than 9 September 30, 2016. There being no objections filed, the Court ADOPTS the 10 Report and Recommendation (ECF No. 8). This action is DISMISSED and the 11 application to proceed in forma paupers (ECF No. 2) is DENIED. 12 IT IS SO ORDERED. The Clerk of Court is directed to enter this Order, 13 enter judgment, forward copies to Plaintiff at his last known address and close the 14 file. 15 DATED October 14, 2016. 16 17 THOMAS O. RICE Chief United States District Judge 18 19 20 ORDER ADOPTING REPORT AND RECOMMENDATION, DISMISSING ACTION FOR LACK OF JURISDICTION AND DENYING LEAVE TO PROCEED IN FORMA PAUPERIS --2

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