Pronesti v. Department of Family Services et al

Filing 14

ORDER that this appeal is frivolous and taken in bad faith and that in forma pauperis status should not continue on appeal. Signed by Judge Jennifer A. Dorsey on 4/24/2017. (Copies have been distributed pursuant to the NEF - cc: USCA - SLD)

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1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 4 Paolo Pronesti, 5 Plaintiff 2:15-cv-01994-JAD-PAL 6 v. 7 Department of Child and Family Services Clark County, Nevada, et al., Order Certifying That In Forma Pauperis Status Should not Continue on Appeal 8 Defendants 9 10 11 Pro se plaintiff Paolo Pronesti sued defendants to challenge state-court child-custody 12 proceedings. Magistrate Judge Peggy Leen granted Pronesti’s application to proceed in forma 13 pauperis and, after screening his complaint, recommended that I dismiss this case for lack of 14 jurisdiction. On March 13, 2017, I adopted the magistrate judge’s recommendation and dismissed 15 and closed this case.1 Nearly a month later, Pronesti moved for leave to file and amended complaint2 16 and later appealed my dismissal order to the Ninth Circuit.3 I denied Pronesti’s motion for leave to 17 file an amended complaint.4 The Ninth Circuit has referred this matter back to me to determine 18 whether Pronesti’s in forma pauperis status should continue on appeal, which requires me to 19 determine whether Pronesti’s appeal is frivolous or taken in bad faith.5 20 21 This case was dismissed at the trial level for lack of subject matter jurisdiction, and this defect will continue on appeal. Accordingly, for the reasons set forth in my dismissal order and my 22 23 24 1 ECF No. 7. 25 2 ECF No. 9. 3 ECF No. 10. 4 ECF No. 11. 26 27 28 5 See 28 U.S.C. § 1915(a)(3); see also Hooker v. American Airlines, 302 F.3d 1091, 1092 (9th Cir. 2002). 1 order denying Pronesti’s motion to file and amended complaint,6 I HEREBY CERTIFY that this 2 appeal is frivolous and taken in bad faith and that in forma pauperis status should not continue on 3 appeal. 4 5 The Clerk of Court is directed to send a copy of this order to the U.S. Court of Appeals for the Ninth Circuit (reference case number 17-15717). 6 Dated this 24th day of April, 2017. 7 _________________________________ Jennifer A. Dorsey United States District Judge 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 6 ECF Nos. 7,11.

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