Opinion
Civil Action 23-CV-3729
10-18-2023
CARRINGTON MORTGAGE SERVICES LLC-DUNS & BROADSTREET #939795238, Plaintiff, v. DENIYA SMITH, Defendant.
ORDER
HARVEY BARTLE III, J
AND NOW, this 18th day of October, 2023, upon consideration of Defendant Deniya Smith's Notice of Removal (ECF No. 2), and Motion to Proceed In Forma Pauperis (ECF No. 1), and for the reasons stated in the Court's accompanying Memorandum, it is ORDERED that:
1. This case is REMANDED to the Philadelphia Court of Common Pleas pursuant to 28 U.S.C. § 1447(c) because this Court lacks subject matter jurisdiction.
2. The Motion to Proceed In Forma Pauperis (ECF No. 1) is DENIED AS MOOT.
3. Smith is ENJOINED, pursuant to the All Writs Act, 28 U.S.C. § 1651(a) from filing any new notices of removal (regardless of how the document is titled) seeking to remove the underlying state court case of Carrington Mortgage Servs., LLC v. Smith, No. 230601442 (C.P. Phila.), or filing any additional documents in this action or her prior removal actions, Civil Action Numbers 23-3376 and 23-3446, apart from a notice of appeal.
4. The Clerk of Court SHALL NOT DOCKET any notices of removal (regardless of how the document is titled) filed by Smith seeking to remove the underlying state court case of Carrington Mortgage Servs., LLC v. Smith, No. 230601442 (C.P. Phila.) to this Court, nor shall the Clerk of Court docket any additional filing in this case or Civil Action Numbers 23- 3376 and 23-3446, apart from a notice of appeal. If any filing is received that is covered by this injunction, the Clerk of Court shall RETURN the filing to Smith without docketing it, along with a copy of this order. No notice of removal that Smith attempts to file following this injunction will be effective to deprive the Philadelphia Court of Common Pleas of jurisdiction over Carrington Mortgage Servs., LLC v. Smith, No. 230601442 (C.P. Phila.).
5. The Clerk of Court is DIRECTED to CLOSE this case.