STERLING v. DIGIORGIO et al

Filing 13

ORDER THAT DEFENDANT'S MOTION TO DISMISS PLAINTIFF'S COMPLAINT AS AGAINST HIM PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 12(B)(1) AND/OR FOR FAILURE TO COMPLY WITH 28 U.S.C. SECTION 1441 ETC. IS GRANTED INSOFAR AS THE ABOVE-CAPTIONED CIVIL ACTION SHALL BE REMANDED TO THE COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY. THE CLERK OF COURT IS DIRECTED TO MARK THIS CASE CLOSED. SIGNED BY HONORABLE JUAN R. SANCHEZ ON 3/19/18. 3/19/18 ENTERED COPIES MAILED TO PLAINTIFF AND EMAILED TO COUNSEL.(jaa, ) Modified on 3/19/2018 (jaa, ).

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
LEROY STERLING, JR.
UNITED STATES OF AMERICA EX.
REL., A FREE MAN AND HONORABLE
DISCHARGE SERVICE MAN, AND AS
HEIR-BENEFICIARY AND AGGRIEVED
PARTY
v.
JOHN DIGIORGIO, et al.

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CIVIL ACTION
No. 18-159

ORDER
AND NOW, this 19th day of March, 2018, upon consideration of (1) Defendant John
DiGiorgio’s Motion to Dismiss Plaintiff’s Complaint as Against Him Pursuant to Federal Rule of
Civil Procedure 12(b)(1) and/or for Failure to Comply with 28 U.S.C. § 1441, and (2) pro se
Plaintiff Leroy Sterling, Jr.’s “Supplemental Affidavit of Objections to Defendant’s Motion to
Dismiss Plaintiffs Complaint, Civil and Criminal RICO allegations”; after review of the record in
this case; and for the reasons set forth in the accompanying Memorandum, it is ORDERED the
Motion (Document 6) is GRANTED insofar as the above-captioned civil action shall be
REMANDED to the Court of Common Pleas of Philadelphia County.
The Clerk of Court is directed to mark this case CLOSED.

BY THE COURT:

/s/ Juan R. Sánchez
Juan R. Sánchez, J.

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