Zaldivar et al v. Medina et al

Filing 14

ORDER that 12 Zaldivar's Petition is DENIED. Signed by Magistrate Judge Cam Ferenbach on 1/17/17. (Copies have been distributed pursuant to the NEF - MMM)

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UNITED STATES DISTRICT COURT 1 DISTRICT OF NEVADA 2 *** 3 MICHELLE ZALDIVAR;, 4 Case No. 2:16–cv–1165–GMN–VCF Plaintiffs, 5 vs. 6 LORI MEDINA;, ORDER 7 Defendants. 8 9 10 11 In May 2016, Zaldivar initiated this action by filing an application to proceed in forma pauperis and complaint. (ECF No. 1). This court granted Zaldivar’s application, but recommended her complaint be dismissed with leave to amend. (ECF No. 2) On July 29, 2016, the district judge adopted 12 the recommendation and gave Zaldivar until August 29, 2016 to file an amended complaint. (ECF No. 13 9) On August 25, 2016, instead of filing an amended complaint, Zaldivar filed a motion for 14 reconsideration. (ECF No. 10) That motion is still pending. 15 16 17 Before this court is Zaldivar’s “petition to the us district court,” which seeks a speedy trial. (ECF No. 12) In her petition, Zaldivar alleges that she and her children are the victims of criminal conduct 18 perpetrated by various California government agencies and entities. (Id.) Since this matter had 19 previously been dismissed subject to the filing of an amended complaint, no trial date has been set. 20 Even if a trial date had been set, the Speedy Trial Act, 18 U.S.C. §3161, only applies to individuals 21 charged with criminal offenses. Zaldivar has not cited to any authority that would require the court to 22 set a trial date at this juncture or to expedite said trial date. 23 /// /// /// 24 25 1 ACCORDINGLY, and for good cause shown, 1 2 IT IS HEREBY ORDERED that Zaldivar’s petition (ECF No. 12) is DENIED. 3 IT IS SO ORDERED. 4 DATED this 17th day of January, 2017. 5 _________________________ CAM FERENBACH UNITED STATES MAGISTRATE JUDGE 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 2

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