Facts
- Cole and Page Shepard divorced in August 2010, with joint decision-making for their three children, and Page became the primary residential parent. [lines="4-8"]
- After modifications, the existing order allowed the children to live primarily with Page in West Virginia and granted Cole regular parenting time. [lines="9-10"]
- In January 2022, Cole filed a motion alleging alienation and sought changes to parenting time after Page denied travel for scheduled visits. [lines="11-13"]
- The court found Page had violated the parenting time agreement and temporarily returned the child and his sibling to Cole's custody. [lines="16-20"]
- In 2023, after further disputes and a hearing, the court granted Page's request for the kids' time split to be modified again, making her the primary residential parent. [lines="43-44"]
Issues
- Whether the district court erred in modifying the parenting time order to designate Page as the child's primary residential parent without a sufficient endangerment finding. [lines="55-59"]
- Whether the court correctly denied Cole's request for attorney fees regarding Page's motion to modify parenting time. [lines="82-84"]
Holdings
- The court vacated the modification of the parenting time order, stating that the statute barred such changes without evidence of endangerment. [lines="70-73"]
- The court affirmed the denial of Cole's attorney fees request, noting that the original motion by Page was not frivolous or vexatious. [lines="96-97"]
OPINION
*1 Case 1:24-cv-03289-LTS Document 4 Filed 05/09/24 Page 1 of 2 UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
WEN QIN LI,
Plaintiff,
24-CV-3289 (LTS) -against-
ORDER OF DISMISSAL UNITED NATIONS; WORLD HEALTH UNDER 28 U.S.C. § 1651 ORGANIZATION,
Defendants. LAURA TAYLOR SWAIN, Chief United States District Judge:
On October 4, 2016, Plaintiff was barred from filing any new action in forma pauperis (“IFP”) without first obtaining from the court permission to file. See Li v. United Nations , ECF 1:16-CV-5982, 6 (S.D.N.Y. Oct. 5, 2016), appeal dismissed as frivolous , No. 16-3759 (2d Cir. Feb. 22, 2017). [1] Plaintiff files this new pro se case, seeks IFP status, and has not sought permission to file from the court. The Court therefore dismisses the action without prejudice for Plaintiff’s failure to comply with the October 4, 2016 order.
The Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that any appeal from this order would not be taken in good faith and therefore IFP status is denied for the purpose of an appeal. See Coppedge v. United States , 369 U.S. 438, 444-45 (1962).
*2 Case 1:24-cv-03289-LTS Document 4 Filed 05/09/24 Page 2 of 2 The Clerk of Court is directed to enter judgment in this action.
SO ORDERED.
Dated: May 9, 2024
New York, New York
/s/ Laura Taylor Swain LAURA TAYLOR SWAIN Chief United States District Judge 2
[1] The bar order was imposed after Plaintiff repeatedly filed repetitive and frivolous lawsuits against the United Nations and World Health Organization, the same organizations he names as Defendants in this action.