Kalincheva v. Neubarth et al

Filing 155

MEMORANDUM AND ORDER that the court will not act on Plaintiff's Notice (Filing No. 154 ). The clerk of court is directed to provide a copy of this order to the Eighth Circuit Court of Appeals. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party and as directed)(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 of Emergency filed on
January 9, 2018. (Filing No. 154.) To the extent Plaintiff asks this court for relief,
the court will not act on Plaintiff’s request as this case is currently pending before
the Eighth Circuit Court of Appeals on a Notice of Appeal filed by Plaintiff on
November 28, 2017. (See Filing Nos. 145, 148.); see also State ex rel. Nixon v.
Coeur D’Alene Tribe, 164 F.3d 1102, 1106–07 (8th Cir. 1999) (“Once a notice of
appeal is filed, the district court is divested of jurisdiction over matters on
appeal.”). Accordingly,
IT IS ORDERED that the court will not act on Plaintiff’s Notice (Filing No.
154). The clerk of court is directed to provide a copy of this order to the Eighth
Circuit Court of Appeals.

Dated this 12th day of January, 2018.
BY THE COURT:
s/ Richard G. Kopf
Senior United States District Judge

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