Lorretz v. U.S.A. et al

Filing 11

ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 4/3/2018 DENYING 4 , 5 , 6 , 8 , 9 Motions. All pleading, discovery, and motion practice in this action are STAYED pending resolution of the F&R. With the e xception of objections to the F&R, and any non-frivolous motions for emergency relief, the court will not entertain or respond to any motions and other filings until the F&R are resolved. It is hereby RECOMMENDED that this action be dismissed for lack of jurisdiction. Referred to Judge Troy L. Nunley. Objections due within 14 days. (Fabillaran, J.)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DIANA LEE WALLACH LORRETZ,

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No. 2:18-cv-00521 TLN CKD (PS)

Plaintiff,
v.

ORDER AND

U.S.A., et al.,

FINDINGS AND RECOMMENDATIONS
Defendants.

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Plaintiff is proceeding in this action pro se. The matter was referred to a United States
Magistrate Judge pursuant to Local Rule 302(c).
On March 14, 2018 the undersigned issued an order to show cause no later than March 28,

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2018 why this action should not be dismissed for lack of jurisdiction. Plaintiff was advised that

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failure to allege a proper basis for jurisdiction would result in a recommendation that this action

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be dismissed. The deadline has passed, and while plaintiff has filed several motions, she has not

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shown cause why this action should not be dismissed for lack of jurisdiction. Absent jurisdiction

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over this action, the court will deny all pending motions.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Plaintiff’s motion for order to show cause (ECF No. 4) is denied;

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2. Plaintiff’s motion to amend (ECF No. 5) is denied;

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3. Plaintiff’s motion to file police report (ECF No. 6) is denied;
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4. Plaintiff’s motion to add citizen complaint (ECF No. 8) is denied; and

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5. Plaintiff’s motion to vacate sentence (ECF No. 9) is denied.

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IT IS HEREBY RECOMMENDED that this action be dismissed for lack of jurisdiction.

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In light of this recommendation, IT IS ALSO HEREBY ORDERED that all pleading,

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discovery, and motion practice in this action are STAYED pending resolution of the findings and

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recommendations. With the exception of objections to the findings and recommendations and

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any non-frivolous motions for emergency relief, the court will not entertain or respond to any

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motions and other filings until the findings and recommendations are resolved.

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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, plaintiff may file written objections

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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.” Plaintiff is 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: April 3, 2018

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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2/ lorretz0521.nojuris_f&r

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