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IBN-Sadiika v. Pennsylvania Dep't of Corrections

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA


May 2, 2007

ABDULLAH HANEEF IBN-SADIIKA, PLAINTIFF
v.
PENNSYLVANIA DEPARTMENT OF CORRECTIONS, ET AL., DEFENDANTS

The opinion of the court was delivered by: Judge Conner

ORDER

AND NOW, this 2nd day of May, 2007, upon consideration of the order of court dated March 28, 2007 (Doc. 2), directing pro se plaintiff to file an amended complaint by April 27, 2007 and warning that failure to do so would result in the dismissal of the above-captioned action, and upon further consideration of plaintiff's objections to the removal of this case (Doc. 3), and the documents filed by plaintiff (Docs. 4, 5, 6),*fn1 and it appearing that plaintiff has not filed an amended complaint as of the date of this order, and that the complaint filed in the Court of Common Pleas of Huntingdon County alleges violations of the First, Fourth, Fifth, Sixth, and Fourteenth Amendment of the United States Constitution (see, e.g., Doc. 1, Ex. A at 14), see 28 U.S.C. § 1441(b) ("Any civil action of which the district courts have original jurisdiction founded on a claim or right arising under the Constitution, treaties or laws of the United States shall be removable . . . ."), it is hereby ORDERED that:

1. The objection to the removal of this case (Doc. 3) is CONSTRUED as a motion to remand and is DENIED as so construed.

2. The above-captioned action is DISMISSED without prejudice.

3. The Clerk of Court is directed to CLOSE this case.

4. The Clerk of Court shall send a copy of the objection to the removal of this case (Doc. 3) and documents (Docs. 4, 5, 6) to pro se plaintiff, via regular mail.

CHRISTOPHER C. CONNER United States District Judge


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