Webster v. Advanced Management Group Nevada, LLC et al

Filing 31

ORDER that Plaintiff's in forma pauperis status is REVOKED. Signed by Judge Kent J. Dawson on 4/27/12. (Copies have been distributed pursuant to the NEF - ECS, cc: USCA)

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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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WILLIAM T. WEBSTER,

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Plaintiff - Appellant,
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vs.

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ADVANCED MANAGEMENT GROUP
NEVADA, LLC; et al.,

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Defendant - Appellees.
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2:10-cv-01390-KJD-RJJ

ORDER

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This matter is before the Court on referral from the United States Court of Appeals for the
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Ninth Circuit for the limited purpose of determining whether in forma pauperis status should
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continue for this appeal or whether the appeal is frivolous or taken in bad faith.
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This case came to the Court on Plaintiff’s claims alleging discrimination based on a disability
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and interference with enjoyment of a dwelling under the Fair Housing Act (“FHA”). However,
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nowhere in the complaint does Plaintiff disclose or allege facts which could be construed as evidence
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of discrimination under the FHA nor has Plaintiff established a disability under the FHA or even
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disclosed the nature of his alleged disability. In fact, Plaintiff was evicted in Justice Court
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proceedings for failure to pay rent. He asserted the same claims he now makes in this action as a
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defense to the eviction. The Court has found that the Justice Court Judgment acts as a valid judgment

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for purposes of res judicata. Furthermore, Plaintiff was sanctioned because on four previous

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occasions, courts, including the present one, had dismissed Plaintiff’s fair housing claims as

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inadequate, yet he still continued to file inadequate complaints.

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Accordingly, Plaintiff should not be permitted to proceed in forma pauperis where, as here,

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he has failed to allege valid claims under the FHA, his claims are barred by principles of res

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judicata, and he was appropriately sanctioned for continuing to bring claims that he knew were

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inadequate. The Court finds that the appeal is frivolous and not taken in good faith. 28 U.S.C.

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§1915(a)(3).

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Accordingly, IT IS HEREBY ORDERED that Plaintiff’s in forma pauperis status is
REVOKED.
DATED this 27th day of April 2012.

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_____________________________
Kent J. Dawson
United States District Judge

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