Cinotti v. Shred It U.S.A. LLC et al
Lucia Cinotti |
Lahiri Dilip Kumar and Shred It U.S.A. LLC |
3:2019cv00178 |
February 6, 2019 |
US District Court for the District of Connecticut |
Charles S Haight |
Sarah A L Merriam |
Motor Vehicle |
None |
Docket Report
This docket was last retrieved on April 1, 2019. A more recent docket listing may be available from PACER.
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Filing 9 Case remanded to Superior Court of the State of Connecticut. (Freberg, B) |
Filing 8 ELECTRONIC ORDER approving and adopting Judge Merriam's #7 Recommended Ruling ("RR") recommended that the case be remanded and Plaintiff's #2 Motion for Leave to Proceed in Forma Pauperis be terminated. Plaintiff has filed no objection to the RR. A district court reviews only for "clear error" those portions of a magistrate judge's recommended ruling as to which no specific objection was made. See Thomas v. Arn, 474 U.S. 140, 150 (1985); Bandhan v. Lab. Corp. Of Am., 234 F. Supp. 313, 316 (S.D.N.Y. 2002) ("A district court evaluating a Magistrate's report may adopt those portions of the report to which no 'specific, written objection' is made, as long as those sections are not clearly erroneous" (quoting Fed. R. Civ. P. 72(b))). Having reviewing Judge Merriam's clear and careful opinion, I find no error, and therefore approve and adopt its reasoning in full. Accordingly, the action is REMANDED to the Superior Court of the State of Connecticut, Plaintiff's #2 Motion for Leave to Proceed in Forma Pauperis and #3 Motion to Reargue & Motion to Transfer are DENIED AS MOOT. The Clerk is directed to close the case. Signed by Judge Charles S. Haight, Jr. on 03/21/2019. (Chen, C.) |
Filing 7 RECOMMENDED RULING. For the reasons set forth in the attached ruling, the Court recommends that this case be REMANDED, to the Superior Court of the State of Connecticut, because plaintiff lacks the authority to remove this action and this Court lacks subject matter jurisdiction over the case. The Court further recommends that plaintiffs motion for leave to proceed in forma pauperis (Doc. #2 ) be TERMINATED, as moot. 6 Pages.This is a recommended ruling. See Fed. R. Civ. P. 72(b)(1). Any objections to this recommended ruling must be filed with the Clerk of the Court within fourteen (14) days of being served with this order. See Fed. R. Civ. P. 72(b)(2). Failure to object within fourteen (14) days will preclude appellate review. See 28 U.S.C. 636(b)(1); Rules 72, 6(a) and 6(d) of the Federal Rules of Civil Procedure; D. Conn. L. Civ. R. 72.2; Small v. Secretary of H.H.S., 892 F.2d 15 (2d Cir. 1989) (per curiam); F.D.I.C. v. Hillcrest Assoc., 66 F.3d 566, 569 (2d Cir. 1995). Signed by Judge Sarah A. L. Merriam on 2/27/19. (Dowie, C) |
Filing 6 ORDER REFERRING CASE to Magistrate Judge Sarah A. L. Merriam for ruling on #2 MOTION for Leave to Proceed in forma pauperis Signed by Judge Charles S. Haight, Jr on 2/7/2019.(Freberg, B) |
Filing 5 ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER Signed by Judge Charles S. Haight, Jr on 2/6/2019.(Fazekas, J.) |
Filing 4 Order on Pretrial Deadlines: Amended Pleadings due by 4/7/2019. Discovery due by 8/8/2019. Dispositive Motions due by 9/12/2019. Signed by Clerk on 2/6/2019.(Fazekas, J.) |
Filing 3 STATE MOTION for Reargue, MOTION to Transfer by Lucia Cinotti. (Fazekas, J.) |
Filing 2 MOTION for Leave to Proceed in forma pauperis by Lucia Cinotti. (Fazekas, J.) |
Filing 1 NOTICE OF REMOVAL by Lucia Cinotti from Superior Court, Bridgeport - Small Claims, case number FBT-CV-17-5034441-S, filed by Lucia Cinotti.(Fazekas, J.) |
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