United States District Court, M.D. Pennsylvania
D. Mariani United States District Judge.
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).
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).
Order dated September 11, 2019, the Third Circuit dismissed
Boldrini's appeal for lack of jurisdiction.
"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
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.
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 ...