Arpino v. Cherry et al
Filing
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ORDER that petitioner's request that he be allowed to file documents with the Ninth Circuit Court of Appeals through this court's e-filing system (ECF No. 1 -4) is denied; a certificate of appealability is denied; Clerk directed to enter final judgment accordingly, dismissing this action without prejudice. Signed by Judge Miranda M. Du on 4/26/2018. (Copies have been distributed pursuant to the NEF - LH)
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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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Case No. 3:18-cv-00162-MMD-WGC
JOHN FRANCIS ARPINO,
ORDER
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Petitioner,
v.
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UNITED STATES DISTRICT COURT,
CHIEF JUDGE, et al.,
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Respondents.
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Petitioner has filed a petition for writ of mandamus pursuant to 18 U.S.C.
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§ 3771(d)(3). The petition is captioned for the Ninth Circuit Court of Appeals and seeks
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various forms of relief from that court. (ECF No. 1-1.) In addition, petitioner has included
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a letter addressed to the Clerk of this Court asking that the Clerk ensure that his petition
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“is placed before this court and provided via E-filing to the Ninth Circuit Court of Appeals.”
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(ECF No. 1-4 at 1.)
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To the extent petitioner intended his petition to be filed with this Court, the petition
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will be dismissed as petitioner has not properly commenced the action by paying the filing
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fee or filing a complete pauper application. 28 U.S.C. § 1915(a)(2); LSRs 1-1, 1-2, 3-1,
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4-1. The Court does not, in so doing, suggest that the petition is otherwise free of
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deficiencies.
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To the extent petitioner is asking the Court to forward his petition to the Ninth
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Circuit Court of Appeals or to allow him to file with the circuit court through this court’s e-
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filing system, the request is denied. The Court takes judicial notice of the fact that
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petitioner has previously filed petitions with the Court of Appeals, as well as documents
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in several other cases that he has appealed from this Court, and thus is familiar with the
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procedure for filing documents with the Court of Appeals. (See, e.g., Ninth Circuit Case
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No. 14-73817.)
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In accordance with the foregoing, this improperly commenced action is dismissed
without prejudice.
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It further is ordered that petitioner’s request that he be allowed to file documents
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with the Ninth Circuit Court of Appeals through this court’s e-filing system (ECF No. 1-4)
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is denied.
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It further is ordered that a certificate of appealability is denied.
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The Clerk of Court is directed to enter final judgment accordingly, dismissing this
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action without prejudice.
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DATED THIS 26th day of April 2018.
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MIRANDA M. DU
UNITED STATES DISTRICT JUDGE
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