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Federal National Mortgage Association v. Boldrini

United States District Court, M.D. Pennsylvania

September 12, 2019

FEDERAL NATIONAL MORTGAGE ASSOCIATION, Plaintiff,
v.
ANTONELLO BOLDRINI, Defendant.

          MEMORANDUM OPINION

          Robert D. Mariani United States District Judge.

         This matter comes before this Court on a Notice of Removal filed by Defendant Boldrini which sought to bring a state court foreclosure action into federal court. (Doc. 1). On January 5, 2018, Plaintiff Federal National Mortgage Association filed a Motion for Remand. (Doc. 7). Magistrate Judge Carlson thereafter issued a Report and Recommendation ("R&R"), recommending that Plaintiffs Motion be granted. (Doc. 12). This Court, on September 11, 2018, adopted the R&R and remanded the action to the Court of Common Pleas of Luzerne County, PA. (Doc. 87). That same day, this Court further ruled upon a number of miscellaneous motions filed by Defendant. (See Docs. 85, 86).

         On September 21, 2018, Defendant filed a "Motion for Relief from Orders [ ] Pursuant to FRCP Rule 60" (Doc. 88). However, on October 11, 2018, Defendant filed a Notice of Appeal of the aforementioned September 11, 2018 Orders by the Court. (Doc. 93).

         By Order dated September 11, 2019, the Third Circuit dismissed Boldrini's appeal for lack of jurisdiction.

         Defendant's "Motion for Relief from Orders [ ] Pursuant to FRCP Rule 60" (Doc. 88) seeks relief from a number of Orders by this Court, dating back to December of 2017. Specifically, Defendant requests that the Court vacate the following Orders:

1. Magistrate Judge Carlson's December 21, 2017, Order granting Boldrini's motion for leave to proceed in forma pauperis, ordering that a copy of the filing be served upon counsel for the plaintiff in the underlying state court action, and directing the state court plaintiff to file a motion to remand the action if it believes that the "Notice of Removal is procedurally or substantively flawed". (Doc. 3).
2. Magistrate Judge Carlson's R&R, dated January 9, 2018, recommending that Plaintiffs Motion to Remand be granted. (Doc. 12).
3. This Court's Order granting Boldrini an extension of time to file objections to the R&R but denying Boldrini's request that the R&R be deemed moot. (Doc. 31).
4. This Court's Order granting Boldrini an extension of time to file a brief in support of his motion "to strike lawyer appearance" and "access to this federal court". (Doc. 40).
5. This Court's Order granting Boldrini a second extension to file objections to the R&R and directing Boldrini not to file any further documents, with the exception of his objections, pending the Third Circuit's disposition of his then-pending appeal. (Doc. 53).
6. The Court's Order denying Boldrini's motion for Magistrate Judge Carlson's recusal. (Doc. 85).
7. The Court's Order adjudicating several miscellaneous motions filed by Boldrini. (Doc. 86).
8. The Court's Order adopting the R&R and remanding this action to the Court of Common Pleas of Luzerne ...

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