Opinion
3:22-CV-890
11-14-2022
FARIDA RAHMAN, Plaintiff, v. LISA S. GELB, J., Defendant.
ORDER
Robert D. Mariani, United States District Court Judge
AND NOW, THIS 14TH DAY OF NOVEMBER, 2022, upon de novo review of Magistrate Judge Karoline Mehalchick's Report & Recommendation (“R&R”) (Doc. 9), Plaintiff's Objections thereto (Doc. 10), and all other relevant documents, IT IS HEREBY ORDERED THAT:
1. The R&R (Doc. 9) is ADOPTED for the reasons stated therein.
2. Plaintiff's Objections (Doc.10) are OVERRULED.
Plaintiff's Objections assert that the present action is for the violation of her rights under 42 U.S.C. § 1983 and that the state court does not have jurisdiction over such claims. (See Doc. 10). Plaintiffs Objections further include a proposed Complaint as an exhibit. (Doc. 10-1; see also, Doc. 10-2). Nonetheless, this Complaint was not properly filed of record and follows the improper removal by Plaintiff of her own action to federal court. As a result, this Court, for the reasons set forth by Judge Mehalchick, is without subject matter jurisdiction over Plaintiff's action at this time.
3. The above-captioned action is REMANDED to the Court of Common Pleas of Luzerne County.
4. The Clerk of Court is directed to CLOSE the federal action.
5. The Clerk of Court is directed to mail a certified copy of this order of remand to the Clerk of the Court of Common Pleas of Luzerne County.