IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
March 13, 2009
DARWIN LESHER, PLAINTIFF
LAW OFFICES OF MITCHELL N. KAY, P.C. AND MITCHELL N. KAY, DEFENDANTS
The opinion of the court was delivered by: Judge Conner
AND NOW, this 13th day of March, 2009, upon consideration of the notice of removal (Doc. 1) of the above-captioned matter from the Court of Common Pleas of Cumberland County, and of the facsimile received from plaintiff's counsel on March 12, 2009, and it appearing that plaintiff filed a praecipe to discontinue in the Court of Common Pleas at 11:37 a.m. on March 10, 2009,*fn1 and that defendant filed the notice of removal at 11:15 p.m. on the same date,*fn2 and the court concluding that plaintiff therefore dismissed the above-captioned matter prior to defendant's attempt to remove it, and that no controversy existed at the time defendant filed the notice of removal, it is hereby ORDERED that:
1. The above-captioned matter is DISMISSED without prejudice for lack of subject matter jurisdiction.
2. The Clerk of Court is instructed to docket the facsimile received from plaintiff's counsel on March 12, 2009.
3. The Clerk of Court is instructed to CLOSE this case.
CHRISTOPHER C. CONNER United States District Judge