O'Nan et al v. Nationwide Insurance Company et al

Filing 106

ORDER denying 104 Motion to Confirm Order. Signed by District Judge Martin Reidinger on 11/19/2019. (ni)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
CIVIL CASE NO. 1:17-cv-00005-MR-DLH
ELIZABETH M.T. O’NAN,

)
)
Plaintiff,
)
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vs.
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NATIONWIDE INSURANCE
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COMPANY, et al.,
)
)
Defendants.
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_______________________________ )

ORDER

THIS MATTER is before the Court on the pro se Plaintiff’s “Motion to
Confirm Order.” [Doc. 104].
By the present motion, the Plaintiff requests “confirmation of stated
facts regarding” the Order [Doc. 102] entered by this Court on July 11, 2017,
remanding this action to the McDowell County Superior Court. [Doc. 104].
The Plaintiff’s motion must be denied. With the remand of this action
to state court, this Court was “divested . . . of all jurisdiction in this case” and
is therefore “precluded . . . from entertaining any further proceedings of any
character . . . .” In re Lowe, 102 F.3d 731, 735 (4th Cir. 1996) (citation and
internal quotation marks omitted). Accordingly, the Court lacks jurisdiction
to entertain the Plaintiff’s motion.

Further, the Plaintiff by this motion appears to seek a ruling from this
Court regarding the operative nature of her state court pleadings and the
sufficiency of process on the Defendants in the state court case. The Court
is not authorized to give advisory opinions regarding state court proceedings.
See Golden v. Zwickler, 394 U.S. 103, 108 (1969).
For all these reasons, the Plaintiff’s motion is denied.
IT IS, THEREFORE, ORDERED that the Plaintiff’s “Motion to Confirm
Order” [Doc. 104] is DENIED.
IT IS SO ORDERED.

Signed: November 19, 2019

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