O'Keefe v. LeGrand

Filing 50

ORDER denying Petitioner's ECF No. 48 IFP Application. Signed by Judge Miranda M. Du on 2/14/2018. (Copies have been distributed pursuant to the NEF - KR)

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1 2 3 4 5 UNITED STATES DISTRICT COURT 6 DISTRICT OF NEVADA 7 *** 8 BRIAN KERRY O’KEEFE, 9 10 11 Case No. 3:16-cv-00430-MMD-VPC Petitioner, ORDER v. ROBERT LEGRAND, et al., Respondents. 12 13 14 Petitioner has filed a notice of appeal from the Court’s denial of his motion for 15 reconsideration, and he has filed an application to proceed in forma pauperis (ECF No. 16 48). The appeal is not taken in good faith. 28 U.S.C. § 1915(a)(3). The Court did not 17 dismiss this action. The Court did transfer this action to the appropriate court in Ohio. 18 The court of appeals dismissed an earlier appeal because the transfer meant that this 19 Court, and the court of appeals, no longer had jurisdiction. Nothing in the motion for 20 reconsideration changed these conclusions. Petitioner simply is trying to litigate an 21 action that no longer is before this Court. 22 23 24 It is therefore ordered that the application to proceed in forma pauperis (ECF No. 48) is denied. DATED THIS 14th day of February 2018. 25 26 27 28 MIRANDA M. DU UNITED STATES DISTRICT JUDGE

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