Christian Moniz Rabino v. Lisa Chamlee Brainard, et al.

[3] UNITED STATES DISTRICT COURT [4] DISTRICT OF NEVADA [5] 6 Christian Moniz Rabino, Case No. 2:25-cv-01996-CDS-NJK 7 Petitioner(s), Order 8 v. 9 Lisa Chamlee Brainard, et al., 10 Defendant(s). 11 Pending before the Court is a complaint seeking relief as to standby counsel for Plaintiff in 12 state court criminal proceedings. There are at least two problems before the Court. 13 First, Plaintiff did not pay the filing fee or file an application to proceed in forma pauperis. 14 To proceed with this case, Plaintiff must either pay the filing fee or file an application to proceed 15 in forma pauperis. See 28 U.S.C. § 1914 (a); see also 28 U.S.C. § 1915 (a). 16 Second, Plaintiff is facing an imminent trial in state court on murder and other charges. 17 See State v. Rabino, Case No. C-24-386276-1; see also Trigueros v. Adams, 658 F.3d 983 , 987 18 (9th Cir. 2011) (federal courts may take judicial notice of state court records). Plaintiff here is 19 asking this Court to issue a restraining order that prohibits standby counsel from being involved in 20 that criminal case. Docket No. 1-1 at 4. Federal courts are generally prohibited from interfering 21 with ongoing state court proceedings. See Younger v. Harris, 401 U.S. 37, 53-54 (1971). Plaintiff 22 is advised that arguments concerning ongoing criminal proceedings in state court should be 23 presented in state court.1 [26] 27 1 In the event Plaintiff complies with the requirement to pay the filing fee or file an application to proceed in forma pauperis, the Court will address Younger abstention on screening 28 as appropriate. See, e.g., 28 U.S.C. § 1915 (e). ] Accordingly, IT IS ORDERED: 2 1. Plaintiff must either make the necessary arrangements to pay the filing fee, accompanied by a copy of this order, or file a complete application to proceed in forma pauperis. The Clerk of the Court is INSTRUCTED to send Plaintiff the application to proceed in forma 5|| pauperis by a prisoner. 6 2. Plaintiff must comply with this order no later than November 3, 2025. Failure to 7| comply with this order may result in dismissal. 8 IT IS SO ORDERED. 9 Dated: October 20, 2025 Nancy J. Kofpe 1] United States Magistrate Judge