Kalincheva v. Neubarth et al

Filing 144

MEMORANDUM AND ORDER that Plaintiff's Notice (Filing No. 143 ) is denied to the extent that it seeks to renew any of Plaintiff's motions which the court previously denied on November 20, 2017. The clerk's office is directed to amend the text of docket entry No. 142 to correctly identify Senior Judge Richard G. Kopf as the ordering judge. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (LAC)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
DR. MAGDALINA KALINCHEVA,
M.D.;
8:15CV44
Plaintiff,
MEMORANDUM
AND ORDER

vs.
JESSE NEUBARTH, VALENTYNA
LEZOVITSKAYA, child; E. ANDREW
WALTON, JERALD MASON, all from
Avenue Realty; CHICAGO TITLE
COMPANY, DONALD A.
MACHADO, MICHELLE HULLIGAN,
JANE DOE, Trini women 2 kids
Manteca CA; TODD CORREN, and
JOHN DOE, Renters at 535 W Vine St.,
9-12;
Defendants.

This matter is before the court on Plaintiff’s Notice regarding the court’s
denial of various motions filed by Plaintiff on November 8, 2017. (Filing No.
143.) On November 20, 2017, the court entered a text order on the docket sheet in
this case denying Plaintiff’s various motions for the reason that this case is closed
and Plaintiff is not entitled to the relief she seeks.1 (See Docket Sheet, No. 142.)
To the extent that Plaintiff intends to renew her previously denied motions through
the filing of her latest Notice (Filing No. 143), the Notice is denied.
Again, the court reiterates that this case is closed and Plaintiff is not entitled
to the relief she seeks. The court has previously warned Plaintiff: “Filing
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The docket entry incorrectly identifies Senior Judge Joseph F. Bataillon as the ordering
judge. The court will direct the clerk’s office to amend the text of docket entry No. 142 to
identify Senior Judge Richard G. Kopf as the ordering judge.

frivolous motions could result in further action by this court, including the
imposition of sanctions including, but not limited to, filing restrictions.” (Filing
No. 12; see also Filing No. 108.) If Plaintiff continues to be undeterred by the
court’s previous warnings and file frivolous and malicious pleadings, the court will
impose sanctions including, but not limited to, revoking her CM/ECF filing rights
in this case. See In re Tyler, 839 F.2d 1290, 1293 (8th Cir. 1988) (“‘The Court
may, in its discretion, place reasonable restrictions on any litigant who files nonmeritorious actions for obviously malicious purposes and who generally abuses
judicial process.’” (quoting People of the State of Colorado v. Carter, 678 F. Supp.
1484, 1486 (D. Colo. 1986))).
IT IS THEREFORE ORDERED that:
1.
Plaintiff’s Notice (Filing No. 143) is denied to the extent that it seeks
to renew any of Plaintiff’s motions which the court previously denied on
November 20, 2017.
2.
The clerk’s office is directed to amend the text of docket entry No.
142 to correctly identify Senior Judge Richard G. Kopf as the ordering judge.
Dated this 28th day of November, 2017.
BY THE COURT:
s/ Richard G. Kopf
Supervising Pro Se Judge

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