Porter v. Eighth Judicial Dist Ct et al

Filing 3

ORDER that Plaintiff shall make the necessary arrangements to pay the filing fee accompanied by a copy of this order or file an Application to Proceed in Forma Pauperis no later than 11/16/2017. The Clerk of the Court shall send Plaintiff a blank application form. Plaintiff shall show cause in writing no later than 11/16/2017 why this case should not be dismissed. Signed by Magistrate Judge Nancy J. Koppe on 10/30/2017. (Copies have been distributed pursuant to the NEF - prisoner IFP instructions/form mailed to Plaintiff - SLD)

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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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JUSTIN D. PORTER,
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Plaintiff(s),
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v.
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STATE OF NEVADA, et al.,
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Defendant(s).
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__________________________________________)

Case No. 2:17-cv-02719-JCM-NJK
ORDER

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Plaintiff is proceeding in this action pro se, and submitted a complaint in an effort to initiate this

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case. Docket No. 1. Plaintiff has not, however, submitted the required filing fee or requested authority

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pursuant to 28 U.S.C. § 1915 to proceed in forma pauperis. In order to proceed with his case, Plaintiff must

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either pay the filing fee or submit the affidavit required by § 1915 showing an inability to prepay fees and

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costs or give security for them.

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Moreover, it does not appear that the claims advanced by Plaintiff are properly made in federal

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court. It appears that Plaintiff has been convicted of murder, and is serving a lengthy prison term. Docket

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No. 1-1 at 7. It also appears that the state is in the process of prosecuting Plaintiff on additional charges.

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See, e.g., id. at 8-9. Plaintiff’s claims appear to relate to the state courts’ recent denial of a pre-trial motion

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and appeal thereto, id. at 9, and allegedly ineffective assistance of counsel being provided to Plaintiff, see

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id. at10-11. Plaintiff seeks an order finding the state courts have erred, and further dismissing the criminal

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complaints against him. See id. at 12. The jury trial in Plaintiff’s criminal case is currently set for

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November 13, 2017. See https:www.clarkcountycourts.us (last visited on October 27, 2017); see

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also Daniels-Hall v. Nat’l Educ. Ass’n, 629 F.3d 992, 998-99 (9th Cir. 2010) (courts may take judicial

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notice of information on government websites). It is well settled that a federal district court does not have

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appellate jurisdiction over a state court, whether by direct appeal, mandamus, or otherwise. See, e.g.,

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Rooker v. Fidelity Trust Co., 263 U.S. 413 (1923); Bianchi v. Rylaarsdam, 334 F.3d 895, 898 (9th Cir.

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2003). Moreover, the United States Supreme Court has long made clear that absent extraordinary

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circumstances, federal courts must not interfere with pending state criminal prosecutions even when they

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raise issues of federal rights or interests. See, e.g., Younger v. Harris, 401 U.S. 37, 44 (1971). As such,

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Plaintiff’s claims appear to be subject to dismissal.

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Accordingly, IT IS ORDERED:
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Plaintiff shall either make the necessary arrangements to pay the filing fee, accompanied by

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a copy of this order, or file an Application to Proceed in Forma Pauperis, no later than

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November 16, 2017.

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2.

The Clerk of the Court shall send Plaintiff a blank application form.

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3.

Plaintiff shall show cause in writing, no later than November 16, 2017, why this case should

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not be dismissed for the reasons outlined above.
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Failure to comply with this order will result in a recommendation to the District Judge that
this case be dismissed.

Dated: October 30, 2017
________________________________________
NANCY J. KOPPE
United States Magistrate Judge

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