Tatiana Hamilton v. Trincon Residential, et al.

Summary

The United States District Court for the District of Nevada grants Tatiana Hamilton's application to proceed in forma pauperis and screens her complaint under 28 U.S.C. § 1915(e)(2). The magistrate judge recommends dismissal with prejudice because the asserted right of redemption is not a recognized cause of action, the alleged violation of Nevada law is unclear, and the court lacks federal subject-matter jurisdiction.

Holdings

1. Upon granting in forma pauperis status, the court must screen the complaint under 28 U.S.C. § 1915(e)(2), including for frivolousness, maliciousness, failure to state a claim, and claims seeking monetary relief from immune defendants.
2. The asserted 'right of redemption' was not a recognized cause of action and therefore did not state a claim for relief.
3. The complaint did not clearly explain how NRS 247.145 was violated, and the asserted state-law claim did not establish federal-question or diversity jurisdiction.

Questions Presented

1. Whether the complaint stated a cognizable claim for relief under the in forma pauperis screening provisions of 28 U.S.C. § 1915(e)(2).
2. Whether the asserted right of redemption constituted a recognized cause of action.
3. Whether the allegations concerning NRS 247.145 established a claim within the federal district court's subject matter jurisdiction.

Disposition

other