Rosiere v. United States of America

Filing 79

ORDER that the Court certifies Plaintiff's appeal as frivolous pursuant to 28 U.S.C. § 1915(a)(3). Plaintiff's in forma pauperis status is therefore REVOKED for purposes of this appeal. Signed by Chief Judge Gloria M. Navarro on 5/23/17. (Copies have been distributed pursuant to the NEF: cc 9th Circuit - MMM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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SHAUN ROSIERE,
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Plaintiff,

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vs.
UNITED STATES OF AMERICA,

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Defendant.

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Case No.: 2:16-cv-02286-GMN-PAL
ORDER

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By Notice, (ECF No. 77), entered May 15, 2017, the U.S. Court of Appeals for the Ninth

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Circuit referred this matter to the District Court for the limited purpose of determining whether

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in forma pauperis status should continue for this appeal or whether the appeal is frivolous or

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taken in bad faith. See 28 U.S.C. § 1915(a)(3); Hooker v. Am. Airlines, 302 F.3d 1091, 1092

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(9th Cir. 2002) (finding revocation of in forma pauperis status appropriate where the district

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court finds appeal frivolous).
Here, Plaintiff Shaun Rosiere (“Plaintiff”) appeals the Court’s Order, (ECF No. 68),

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granting Defendant’s Motion to Dismiss and dismissing this action with prejudice. (See Notice

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of Appeal, ECF No. 72). As stated in the Court’s Order, the Ninth Circuit has previously

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dismissed a nearly identical appeal as frivolous. (Order 3:24–25); see Rosiere v. United States,

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No. 17-15103 (9th Cir. April 28, 2017). Likewise, the Court determines that the instant appeal

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is frivolous.

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IT IS HEREBY ORDERED that the Court certifies Plaintiff’s appeal as frivolous

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pursuant to 28 U.S.C. § 1915(a)(3). Plaintiff’s in forma pauperis status is therefore

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REVOKED for purposes of this appeal.

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DATED this _____ day of May, 2017.

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___________________________________
Gloria M. Navarro, Chief Judge
United States District Court

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