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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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 Family Services, et al., 8 Order Adopting Report and Recommendation and Dismissing and Closing Case Defendants [ECF No. 2] 9 10 Pro se plaintiff Paolo Pronesti sues the Clark County District Attorney’s Office, the Clark 11 County Department of Child and Family Services (DFS), and a handful of DFS employees to 12 challenge state-court custody proceedings. Magistrate Judge Peggy Leen granted Pronesti’s 13 application to proceed in forma pauperis and screened his complaint, and she recommends that I 14 dismiss this case with prejudice for lack of jurisdiction. Pronesti objects.1 Having reviewed 15 Magistrate Judge Leen’s findings and conclusions de novo, I agree that this court lacks jurisdiction. 16 As the magistrate judge explained, federal courts do not have appellate jurisdiction over state courts,2 17 nor over child-custody matters.3 Because Pronesti’s claims constitute a de facto appeal of the family 18 court’s custody determination, I lack jurisdiction over his claims.4 Accordingly, 19 20 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. 21 22 23 1 ECF No. 4. 24 2 25 26 27 28 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)). 3 Id. at 4 (citing Ankenbrandt v. Richards, 504 U.S. 689 (1992)). 4 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. Page 1 of 2 1 2 3 4 5 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 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Page 2 of 2

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