Opinion
Case No.: 2:15-cv-00891-JAD-CWH
04-19-2017
Rigoberto Enrique Isaza, Plaintiff v. Earl Marshall Trotter et al., Defendants
Order Adopting Report and Recommendation [ECF No. 8] and Dismissing without Prejudice
Rigoberto Enrique Isaza brings a civil rights complaint against Earl Marshall Trotter and Farmers Insurance under 42 U.S.C. § 1983 and N.R.S. 41.0322. Isaza alleges that he and his brother inherited a house in Las Vegas, Nevada, from their mother as evidenced by a will that a Farmer's Insurance representative confirmed the existence of, but refuses to supply Isaza with a sealed copy of. Isaza further alleges that: (1) Trotter, an extended family member, has been renting the home out for $1,200 per month since 1999; (2) he is entitled to half of the rent that has been collected by Trotter; and (3) Trotter has been "defrauding" him of his $600 share of the proceeds every month since approximately 2004.
ECF No. 1 at 3-4, 7.
Id. at 4-5.
Magistrate Judge Hoffman recommends that Isaza's case be dismissed without prejudice for failure to file an amended complaint within the time allowed by the court to do so after Isaza's case was dismissed with leave to amend on February 17, 2017. The Report and Recommendation was entered March 22, 2017. Objections were due April 5, 2017. "[N]o review is required of a magistrate judge's report and recommendation unless objections are filed." Schmidt v. Johnstone, 263 F. Supp. 2d 1219, 1226 (D. Ariz. 2003). See also Thomas v. Arn, 474 U.S. 140, 150 (1985); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003). Isaza has filed no objections to the Report and Recommendation.
ECF No. 8. --------
Accordingly, and with good cause appearing,
It is hereby ORDERED that Magistrate Judge Hoffman's Report and Recommendation [ECF No. 8] is ACCEPTED and ADOPTED.
It is further ORDERED that this case is DISMISSED without prejudice.
DATED April 19, 2017.
/s/_________
Jennifer A. Dorsey
United States District Judge