Pronesti v. Department of Family Services et al

Filing 7

ORDER that the Magistrate Judge's 2 Report and Recommendation is Adopted and this case is Dismissed with prejudice. The Clerk of Court is directed to enter judgment for Defendants and against Pronesti and close this case. Signed by Judge Jennifer A. Dorsey on 3/13/2017. (Copies have been distributed pursuant to the NEF - SLD)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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Paolo Pronesti,

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Plaintiff

2:15-cv-01994-JAD-PAL
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v.

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Department of Family Services, et al.,

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Order Adopting Report and
Recommendation and Dismissing and
Closing Case

Defendants

[ECF No. 2]

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Pro se plaintiff Paolo Pronesti sues the Clark County District Attorney’s Office, the Clark

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County Department of Child and Family Services (DFS), and a handful of DFS employees to

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challenge state-court custody proceedings. Magistrate Judge Peggy Leen granted Pronesti’s

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application to proceed in forma pauperis and screened his complaint, and she recommends that I

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dismiss this case with prejudice for lack of jurisdiction. Pronesti objects.1 Having reviewed

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Magistrate Judge Leen’s findings and conclusions de novo, I agree that this court lacks jurisdiction.

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As the magistrate judge explained, federal courts do not have appellate jurisdiction over state courts,2

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nor over child-custody matters.3 Because Pronesti’s claims constitute a de facto appeal of the family

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court’s custody determination, I lack jurisdiction over his claims.4 Accordingly,

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IT IS HEREBY ORDERED, ADJUDGED, and DECREED that the magistrate judge’s report
and recommendation [ECF No. 2] is ADOPTED, and this case is DISMISSED with prejudice.

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ECF No. 4.

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ECF No. 3 (citing Rooker v. Fid Trust Co., 263 U.S. 413 (1923); D.C. Court of Appeals v.
Feldman, 460 U.S. 462, 482–86 (1983)).
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Id. at 4 (citing Ankenbrandt v. Richards, 504 U.S. 689 (1992)).

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I note that Pronesti filed a second-amended complaint after the magistrate judge issued her report
and recommendation, but it suffers from the same deficiencies.
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The Clerk of Court is directed to enter judgment for defendants and against Pronesti and
CLOSE THIS CASE.
Dated this 13th day of March, 2017.
_________________________________
Jennifer A. Dorsey
United States District Judge

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