Casares v. Wells Fargo Bank, N.A.
Casares v. Wells Fargo Bank, N.A.
Opinion of the Court
Manuel J. Casares has filed a "claim" for "trespass (forgery), conspiracy[,] burglary, robbery, theft, false arrest, false imprisonment, *337battery, injury, damages[, and] failure to immediately return of property [sic]," naming numerous opposing parties, the first of which is Wells Fargo Bank, N. A. ECF No. 1. As supplemented by a later filing, Mr. Casares argues that he is being injured by "Indian River Sheriff Daryl Loar and other wrongdoers," including "Indian River county deputies," as they trespassed on his "home" and "enforce[d] ... forged void orders," thereby discriminating against his unique heritage. ECF No. 4 at 3-4. He explains that this claim "must be filed as superseding 1:13-cv-01633"-referring to a prior case dismissed by Judge Amy Berman Jackson-in part because he erroneously "file[d] a complaint ... when it should have been a claim." ECF No. 4.
But Mr. Casares has already litigated these facts-twice. In his case before Judge Jackson, Mr. Casares "who formerly worked as a financial advisor for Wells Fargo Advisors, allege[d] that he lost his home [in Indian River County, Florida] as a result of a mortgage fraud scheme, and that after he published a website critical of Wells Fargo's handling of the mortgage situation, he also lost his job." Casares v. Wells Fargo Bank, N.A. ,
I must reach the same conclusion here. Mr. Casares cannot repackage his challenge to the Indian River County foreclosure in new legal terms-"trespass," "burglary, robbery, [and] theft," among others, see ECF Nos. 1, 4-and keep coming back to court. This is (1) the same cause of action, meaning the same "factual nucleus," Sheptock v. Fenty ,
*338For these reasons, it is hereby ORDERED that Mr. Casares' claim is DISMISSED WITH PREJUDICE .
This is a final, appealable order.
Mr. Casares has also named numerous parties beyond those in the original Florida suit. Compare ECF Nos. 1, 4, with Casares ,
To the extent that Mr. Casares is seeking leave to file a second amended complaint, leave to file is denied. Judge Jackson has already denied two such motions, and Mr. Casares offers nothing that would merit leave to amend. See Fed. R. Civ. P. 15(a) ; Casares v. Wells Fargo Bank, N.A. , 1:13-cv-1633-ABJ, ECF No. 52.
Reference
- Full Case Name
- Manuel J. CASARES v. WELLS FARGO BANK, N.A.
- Status
- Published