Filed: Aug. 04, 1999
Latest Update: Feb. 21, 2020
Summary: Circuit Judges.Asya Zimbovsky on brief pro se.Per Curiam.although Rasten did not sign the complaint.consolidate are affirmed.The motion to change caption is denied.The orders of the district court are affirmed.
[NOT FOR PUBLICATION NOT TO BE CITED AS PRECEDENT] United States Court of Appeals For the First Circuit No. 99-1131 ASYA ZIMBOVSKY, Plaintiff, Appellant, v. COMMONWEALTH OF MASSACHUSETTS, Defendant, Appellee. APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MASSACHUSETTS [Hon. Mark L. Wolf, U.S. District Judge] Before Selya, Boudin and Lynch, Circuit Judges. Asya Zimbovsky on brief pro se. August 3, 1999 Per Curiam. Although this purports to be an appeal by plaintiff Asya Zimbovsky (who signed the complaint in the district court), the notice of appeal and the brief were signed by Anina Rasten, who refers to herself as a co-plaintiff, although Rasten did not sign the complaint. Further, although the brief challenges the district court's order of December 7, 1998, dismissing the complaint as frivolous, pursuant to 28 U.S.C. 1915(e), the notice of appeal only references a December 29, 1998 order denying Rasten's motion to consolidate the instant case with a separate matter filed by Rasten (that, it appears, was, itself, dismissed). Moreover, while the notice of appeal was timely from the one order that it did reference (the December 29 order), it was not timely from the only order (the December 7 order) that the brief addresses. In all events, there was neither error nor abuse of discretion in the district court's disposition of this case and its dismissal of the case and denial of the motion to consolidate are affirmed. The "motion to change caption" is denied. The orders of the district court are affirmed. Loc. R. 27.1.