Mendes et al v. Lane
| Jazmine Mendes, Sabine Templier, Evelyn Farrington, Danielle Calabro, DCF and Robert Wilson |
| Luanita Lane |
| 1:2022cv10891 |
| June 8, 2022 |
| US District Court for the District of Massachusetts |
| Allison D Burroughs |
| Civil Rights: Other |
| 28 U.S.C. ยง 1441 Notice of Removal |
| None |
Docket Report
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| Filing 13 USCA Case Number 22-1605 for #9 Notice of Appeal, filed by Luanita Lane. (Paine, Matthew) |
| Filing 12 Certified and Transmitted Abbreviated Electronic Record on Appeal to US Court of Appeals re #9 Notice of Appeal. (Paine, Matthew) |
| Filing 11 Judge Allison D. Burroughs: ELECTRONIC ORDER entered. Lane has already been permitted to proceed in forma pauperis in the District Court action. See [ECF No. 4 (Court Order)]. Fed. R. App. P. 24(a)(3) provides that a party who was permitted to proceed in forma pauperis in the district court may proceed on appeal in forma pauperis without further authorization. Therefore, Lane's motion for leave to appeal in forma pauperis, [ECF No. #10 ], is DENIED as MOOT, as she is already entitled to proceed with her appeal in forma pauperis. The Clerk is directed to send a copy of this order to the Court of Appeals forthwith. (McManus, Caetlin) |
| Filing 10 Affidavit to Accompany MOTION for Leave to Appeal in forma pauperis by Luanita Lane.(McManus, Caetlin) |
| Filing 9 NOTICE OF APPEAL as to #8 Order of Remand to the State Court, 7 Order of Remand to the State Court,, by Luanita Lane NOTICE TO COUNSEL: A Transcript Report/Order Form, which can be downloaded from the First Circuit Court of Appeals web site at #http://www.ca1.uscourts.gov MUST be completed and submitted to the Court of Appeals. Counsel shall register for a First Circuit CM/ECF Appellate Filer Account at #http://pacer.psc.uscourts.gov/cmecf. Counsel shall also review the First Circuit requirements for electronic filing by visiting the CM/ECF Information section at #http://www.ca1.uscourts.gov/cmecf. US District Court Clerk to deliver official record to Court of Appeals by 8/18/2022. (McManus, Caetlin) |
| Filing 8 Judge Allison D. Burroughs: ORDER entered. ORDER OF REMAND to the State Court. (McManus, Caetlin) |
| Filing 7 Judge Allison D. Burroughs: ELECTRONIC ORDER entered. ORDER OF REMAND to the State Court "After review of the plaintiff's June 21, 2022 response (ECF No. 6) to the Court's June 10, 2022 show cause order (ECF No. 4), this action is hereby REMANDED to the Suffolk County Juvenile Court in the action styled 21CP0188BO In re: Lane, for the reasons previously stated in the Court's June 10, 2022 Electronic Order. The motion for appointment of counsel (ECF No. 5) is DENIED as moot. The Clerk is directed to enter an order of remand and close this action." (PSSA, 5) |
| Filing 6 RESPONSE TO COURT ORDER by Luanita Lane re 4 Order on Motion for Leave to Proceed in forma pauperis. (Folan, Karen) (Main Document 6 replaced on 7/12/2022, upside-down PDF pages corrected) (McManus, Caetlin). |
| Filing 5 MOTION to Appoint Counsel by Luanita Lane.(Folan, Karen) |
| Filing 4 Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting #2 Motion for Leave to Proceed in forma pauperis "Plaintiff's motion to proceed in forma pauperis (ECF No. 2) is hereby ALLOWED. It is FURTHER ORDERED that the plaintiff shall show cause by July 1, 2022, why this action ought not be remanded pursuant to 28 U.S.C. 1447(c) for lack of subject matter jurisdiction. Pursuant to Section 1447(c), with respect to removed actions, "[i]f at any time before final judgment it appears that the district court lacks subject matter jurisdiction, the case shall be remanded. The Court has an independent obligation to, on its own motion, inquire into its own subject matter jurisdiction. See McCulloch v. Velez, 364 F.3d 1, 5 (1st Cir. 2004). "[P]ursuant to [Section 1447(c)], subject matter jurisdiction can be entertained at any time and it can be either raised by the Court sua sponte or by the parties to the proceedings." Rivera Narvaez v. JC Penney Puerto Rico, Inc., Civ. No. 18-1896-RAM, 2019 WL 3941104 at *2 (D.P.R. Aug. 20, 2019) (citation and quotations omitted). Pursuant to 28 U.S.C. 1441(a), with certain exceptions not apparently applicable here, "any civil action brought in a State court of which the district courts of the United States have original jurisdiction, may be removed by the defendant [in the underlying removed action]... to the district court of the United States for the district and division embracing the place where such action is pending." The notice of removal and accompanying docket sheet from the underlying action reveals that plaintiff is attempting to remove an on-going care and protection petition brought by the Commonwealth of Massachusetts an action based purely upon state law. See Notice, ECF No. 1. This Court has no original federal jurisdiction over such proceedings. See New Mexico ex rel. Child., Youth & Fams. Dep't v. Carrillo, 403 F. Supp. 3d 1175, 1181 (D.N.M. 2019) (remanding removed care and protection act case under New Mexico law based upon similar facts presented here). Accordingly, the Court appears to be without subject matter jurisdiction, and the action subject to remand." (PSSA, 5) |
| Filing 3 ELECTRONIC NOTICE of Case Assignment. Judge Allison D. Burroughs assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge M. Page Kelley. (Finn, Mary) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by Luanita Lane.(Castilla, Francis) |
| Filing 1 NOTICE OF REMOVAL by Luanita Lane from Suffolk County Juvenile Court, case number 21CP0188BO. (Attachments: #1 Exhibit, #2 Civil Cover Sheet Category)(Castilla, Francis) |
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