Masomi v. Madadi et al

Filing 15

Judge F. Dennis Saylor, IV: ORDER entered denying 13 Motion to Make Correction (Halley, Taylor)

UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS
_______________________________________
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MOSTAFA MASOMI,
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Plaintiff,
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v.
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MEHRANDOKHT MADIDI,
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ROBERT J. DILIBERO, and
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LISA MODECKER,
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Defendants.
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_______________________________________)

Civil Action No.
18-10058-FDS

ORDER
SAYLOR, J.
Plaintiff Mostafa Masomi initiated this action seeking redress for the alleged violation of
his constitutional rights during the course of his divorce proceedings. (Docket No. 1). The
action was dismissed for lack of subject-matter jurisdiction on March 1, 2018, (Docket No. 5)
and Masomi filed a notice of appeal (Docket No. 7). On March 28, 2018, Masomi filed a motion
to appeal in forma pauperis, which the Court denied because (1) he failed to make an adequate
showing that he is without sufficient funds to pay the filing fee for the appeal, and (2) because
the appeal was not taken in good faith.
Now before the Court is Masomi’s Motion to Make Correction on March 26, 2018
Appeal in Forma Pauperis. (Docket No. 13). Treating this as a motion for reconsideration of the
Court’s denial of his motion for leave to appeal in forma pauperis, the motion will be denied.
Plaintiff filed an updated affidavit attesting that he is responsible for two student loans which
make his monthly expenses higher than his income. However, those loans appear to be for his
two adult children, and he has offered no explanation as to why they are not able to contribute to

them—indeed, he lists only his 23-year-old daughter as reliant on him for support. (Docket No.
8 at 3). He still has a job and equity in his house. (Id. at 2-3). Furthermore, the appeal is not
taken in good faith because plaintiff has still not put forth a colorable argument that there is
subject-matter jurisdiction over this case.
Accordingly, plaintiff’s motion for reconsideration is DENIED.
So Ordered.

Dated: June 12, 2018

/s/ F. Dennis Saylor
F. Dennis Saylor, IV
United States District Judge