1 UNITED STATES DISTRICT COURT

2 DISTRICT OF NEVADA

3 Aimee O’Neil, Case No.: 2:20-cv-00648-JAD-EJY 4 Plaintiff Ninth Circuit Case No. 20-16544 5 v. 6 Andrew Poland, et al., Order revoking in 7 forma pauperis status Defendants 8 9 The United States Court of Appeals for the Ninth Circuit referred this matter back to this 10 court for the limited purpose of determining whether in forma pauperis status should continue 11 for this appeal.1 The decision to continue such status turns on whether any claim is frivolous, for 12 “[i]f at least one issue or claim is found to be non-frivolous, leave to proceed in forma pauperis 13 on appeal must be granted for the case as a whole.”2 14 In this civil-rights case, plaintiff Aimee O’Neil sued the Colorado Office of Alternate 15 Defense Counsel and Andrew Poland, the public defender who represented her in a Colorado 16 State Court prosecution. The magistrate judge entered a report and recommendation to dismiss 17 this case, primarily because this court lacks personal jurisdiction over these Colorado-based 18 defendants with no apparent connection to Nevada.3 The magistrate judge also recommended 19 that I deny O’Neil’s pending motion for entry of default against the defendants because the 20 record does not reflect that they were properly served with process.4 The deadline for objections 21 1 ECF No. 19. 22 2 Hooker v. Am. Airlines,

(9th Cir. 2002). 23 3 ECF No. 13. 4

at 5–6. 1} to that report and recommendation passed without objection or request to extend the deadline to file one, and “no review is required of a magistrate judge’s report and recommendation unless objections are filed.”> So I adopted that unchallenged report and recommendation, denied the A|| motion for default judgment, and dismissed this action for lack of jurisdiction.© Because the 5}| appeal from that decision is frivolous and not taken in good faith, IT IS HEREBY ORDERED THAT the district court revokes in forma pauperis status. 7 The Clerk of Court is directed to SEND a copy of this order to the Clerk of the United 8|| States Court of Appeals for Case No. 20-16544. 9 ° spmanieaeet U.S. District JudgéJenniferkA. Dorsey 11 Dated: August 18, 2020 12 13 14 15 16 17 18 19 20 21 22}; —____ > Schmidt v. Johnstone,

(D. Ariz. 2003); see also Thomas v. Arn, 474 140, 150 (1985); United States v. Reyna-Tapia,

(9th Cir. 2003). ° ECF No. 14.