Robinson v. Lineberger

Filing 12

ORDER denying as moot 10 Motion to Vacate, 11 MOTION to Stay. Signed by District Judge Max O. Cogburn, Jr on 11/18/2022. (Pro se litigant served by US Mail.)(ams)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
3:21-cv-622-MOC-DSC
BETTY JEAN ROBINSON,
Plaintiff,
vs.
VINCENT LINEBERGER,
Defendant.

)
)
)
)
)
)
)
)
)

ORDER

THIS MATTER is before the Court on Defendant Vincent Lineberger’s two pro se
Motions to Stay the Court’s Order on Motion to Remand to State Court. (Doc. Nos. 10, 11).
Defendant’s Motions to Stay (Doc. Nos. 10, 11) are DENIED as moot because this
action has already been remanded, so this Court no longer has jurisdiction. To the extent that the
Court interprets the motions as motions for reconsideration, the Court denies the motions
because this action was properly remanded to state court. The magistrate judge correctly found
that removal was improper because there is no federal question jurisdiction and diversity of
citizenship is lacking.
IT IS SO ORDERED.

Signed: November 18, 2022

1
Case 3:21-cv-00622-MOC-DSC Document 12 Filed 11/21/22 Page 1 of 1