(PS) Lorretz v. U.S.A. et al, No. 2:2018cv00521 - Document 11 (E.D. Cal. 2018)

Court Description: 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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 DIANA LEE WALLACH LORRETZ, 12 13 14 15 No. 2:18-cv-00521 TLN CKD (PS) Plaintiff, v. ORDER AND U.S.A., et al., FINDINGS AND RECOMMENDATIONS Defendants. 16 17 18 19 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, 20 2018 why this action should not be dismissed for lack of jurisdiction. Plaintiff was advised that 21 failure to allege a proper basis for jurisdiction would result in a recommendation that this action 22 be dismissed. The deadline has passed, and while plaintiff has filed several motions, she has not 23 shown cause why this action should not be dismissed for lack of jurisdiction. Absent jurisdiction 24 over this action, the court will deny all pending motions. 25 Accordingly, IT IS HEREBY ORDERED that: 26 1. Plaintiff’s motion for order to show cause (ECF No. 4) is denied; 27 2. Plaintiff’s motion to amend (ECF No. 5) is denied; 28 3. Plaintiff’s motion to file police report (ECF No. 6) is denied; 1 1 4. Plaintiff’s motion to add citizen complaint (ECF No. 8) is denied; and 2 5. Plaintiff’s motion to vacate sentence (ECF No. 9) is denied. 3 IT IS HEREBY RECOMMENDED that this action be dismissed for lack of jurisdiction. 4 In light of this recommendation, IT IS ALSO HEREBY ORDERED that all pleading, 5 discovery, and motion practice in this action are STAYED pending resolution of the findings and 6 recommendations. With the exception of objections to the findings and recommendations and 7 any non-frivolous motions for emergency relief, the court will not entertain or respond to any 8 motions and other filings until the findings and recommendations are resolved. 9 These findings and recommendations are submitted to the United States District Judge 10 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 11 after being served with these findings and recommendations, plaintiff may file written objections 12 with the court and serve a copy on all parties. Such a document should be captioned 13 “Objections to Magistrate Judge’s Findings and Recommendations.” Plaintiff is advised that 14 failure to file objections within the specified time may waive the right to appeal the District 15 Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 16 Dated: April 3, 2018 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 17 18 19 20 21 22 23 2/ lorretz0521.nojuris_f&r 24 25 26 27 28 2