Kalincheva v. Neubarth

Filing 8

ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 11/1/13: IT IS HEREBY ORDERED that plaintiff's September 30, 2013 ex parte motions (ECF Nos. 4 & 5) and October 4, 2013 motion (ECF No. 7) are denied. IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice.F&R referred to Judge Garland E. Burrell, Jr.. Objections to F&R due within fourteen days. (Kaminski, H)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MAGDALINA KALINCHEVA,

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No. 2:13-cv-1391 GEB AC PS

Plaintiff,
v.

ORDER AND

JESSE NEUBARTH,

FINDINGS & RECOMMENDATIONS

Defendant.

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By order filed September 12, 2013, plaintiff’s complaint was dismissed and thirty days

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leave to file an amended complaint was granted. The thirty day period has now expired, and

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plaintiff has not filed an amended complaint or otherwise responded to the court’s order.

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Following the court’s order to file an amended complaint, plaintiff filed three motions that

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are presently pending. See ECF No. 4 (“Ex-Parte Motion to Reassign or Transfer by ECF to all

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Other States”); ECF No. 5 (“Ex-Parte Motion for Writ of Possession”); and ECF No. 7 (“Motion

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to Transfer”). It is unclear what precisely plaintiff is requesting in each of these motions.

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Because the court finds them to be nonsensical, each of these motions shall be denied.

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Accordingly, IT IS HEREBY ORDERED that plaintiff’s September 30, 2013 ex parte
motions (ECF Nos. 4 & 5) and October 4, 2013 motion (ECF No. 7) are denied; and
IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. See
Local Rule 110; Fed. R. Civ. P. 41(b).

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These findings and recommendations are submitted to the United States District Judge

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assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days

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after being served with these findings and recommendations, any party may file written

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objections with the court and serve a copy on all parties. Such a document should be captioned

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“Objections to Magistrate Judge’s Findings and Recommendations.” The parties are advised that

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failure to file objections within the specified time may waive the right to appeal the District

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Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991).

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DATED: November 1, 2013

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/mb;kali1391.fta

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