Opinion
Civil Action 3:23-CV-487
04-19-2023
FARIDA B. RAHMAN, Plaintiff, v. RICHARD M. HUGHES, III, Defendant.
Saporito, Magistrate Judge
ORDER
Robert D. Mariani United States District Judge
AND NOW, THIS 19th DAY OF APRIL 2023, upon de novo review of Magistrate Judge Joseph F. Saporito's Report and Recommendation (“R&R”) (Doc. 4), Plaintiff's objections thereto (Doc. 5), and all relevant documents, IT IS HEREBY ORDERED THAT:
1. Plaintiff's Objections (Doc. 5) are OVERRULED;
2. The R&R (Doc. 4) is ADOPTED for the reasons set forth therein;
3. This matter is REMANDED to the Luzerne County Court of Common Pleas;
4. Plaintiff's application to proceed in forma pauperis (Doc. 7) is DEEMED MOOT;
Following Plaintiff's removal of this action to federal court, Plaintiff filed a complaint on April 11, 2013. (Doc. 6.) For the reasons set forth in the R&R explaining why this matter must remanded to state court (see Doc. 4 at 3-4), Plaintiffs complaint constitutes is an improper filing. If Plaintiff wishes to institute an action in this Court, she may do so only by filing a separate action in this Court.
5. The Clerk of Court is directed to CLOSE the federal action.
6. 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.