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)

Download PDF
1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 SHAUN ROSIERE, 4 Plaintiff, 5 6 vs. UNITED STATES OF AMERICA, 7 Defendant. 8 ) ) ) ) ) ) ) ) ) Case No.: 2:16-cv-02286-GMN-PAL ORDER 9 10 By Notice, (ECF No. 77), entered May 15, 2017, the U.S. Court of Appeals for the Ninth 11 Circuit referred this matter to the District Court for the limited purpose of determining whether 12 in forma pauperis status should continue for this appeal or whether the appeal is frivolous or 13 taken in bad faith. See 28 U.S.C. § 1915(a)(3); Hooker v. Am. Airlines, 302 F.3d 1091, 1092 14 (9th Cir. 2002) (finding revocation of in forma pauperis status appropriate where the district 15 court finds appeal frivolous). Here, Plaintiff Shaun Rosiere (“Plaintiff”) appeals the Court’s Order, (ECF No. 68), 16 17 granting Defendant’s Motion to Dismiss and dismissing this action with prejudice. (See Notice 18 of Appeal, ECF No. 72). As stated in the Court’s Order, the Ninth Circuit has previously 19 dismissed a nearly identical appeal as frivolous. (Order 3:24–25); see Rosiere v. United States, 20 No. 17-15103 (9th Cir. April 28, 2017). Likewise, the Court determines that the instant appeal 21 is frivolous. 22 /// 23 /// 24 /// 25 /// Page 1 of 2 1 IT IS HEREBY ORDERED that the Court certifies Plaintiff’s appeal as frivolous 2 pursuant to 28 U.S.C. § 1915(a)(3). Plaintiff’s in forma pauperis status is therefore 3 REVOKED for purposes of this appeal. 4 23 DATED this _____ day of May, 2017. 5 6 7 ___________________________________ Gloria M. Navarro, Chief Judge United States District Court 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 2 of 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?