(PS) Kalincheva v. Neubarth, No. 2:2013cv01391 - Document 8 (E.D. Cal. 2013)

Court Description: 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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(PS) Kalincheva v. Neubarth Doc. 8 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 MAGDALINA KALINCHEVA, 12 13 14 15 No. 2:13-cv-1391 GEB AC PS Plaintiff, v. ORDER AND JESSE NEUBARTH, FINDINGS & RECOMMENDATIONS Defendant. 16 17 By order filed September 12, 2013, plaintiff’s complaint was dismissed and thirty days 18 leave to file an amended complaint was granted. The thirty day period has now expired, and 19 plaintiff has not filed an amended complaint or otherwise responded to the court’s order. 20 Following the court’s order to file an amended complaint, plaintiff filed three motions that 21 are presently pending. See ECF No. 4 (“Ex-Parte Motion to Reassign or Transfer by ECF to all 22 Other States”); ECF No. 5 (“Ex-Parte Motion for Writ of Possession”); and ECF No. 7 (“Motion 23 to Transfer”). It is unclear what precisely plaintiff is requesting in each of these motions. 24 Because the court finds them to be nonsensical, each of these motions shall be denied. 25 26 27 28 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). 1 Dockets.Justia.com 1 These findings and recommendations are submitted to the United States District Judge 2 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 3 after being served with these findings and recommendations, any party may file written 4 objections with the court and serve a copy on all parties. Such a document should be captioned 5 “Objections to Magistrate Judge’s Findings and Recommendations.” The parties are advised that 6 failure to file objections within the specified time may waive the right to appeal the District 7 Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 8 DATED: November 1, 2013 9 10 11 12 13 14 /mb;kali1391.fta 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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