Kroschewski, Jennifer v. State of Wisconsin et al

Filing 23

ORDER denying plaintiff's 13 Motion for Reconsideration. Signed by District Judge William M. Conley on 3/7/2017. (jef),(ps) Also mailed a copy of the order to the 529 Walnut Street, Beaver Dam, WI 53916 address. (jef).

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
JENNIFER B. KROSCHEWSKI,
Plaintiff,

ORDER

v.

Case No. 16-cv-99-wmc

STATE OF WISCONSIN, CIRCUIT
COURT, BRANCH 1, DODGE COUNTY,
Defendants.

Plaintiff

Jennifer B. Kroschewski filed a notice of removal of a state criminal

case against her in Dodge County Circuit Court on the ground that the state court lacks
jurisdiction over her.

State of Wisconsin v. Kroschewski, Case No. 2016CF0012.

On

February 24, 2016, this court remanded the case back to state court under 28 U.S.C. §
1447, explaining that the federal removal statute, 28 U.S.C. § 1441(a), permits removal
only in civil actions. The court also explained that dismissal was appropriate under the
abstention doctrine set forth in Younger v. Harris, 401 U.S. 37 (1971), which requires
dismissal of a matter when “federal jurisdiction would intrude into ongoing state criminal
proceedings.” Mulholland v. Marion Cty. Election Bd., 746 F.3d 811, 815 (7th Cir. 2014).
Kroschewski has now filed a “Notice of Rebuttal/Motion for Reconsideration”
(dkt. #13), as well as several letters, notices and supplements, in which she argues that
this court should exercise jurisdiction over her case for various reasons, including the
“foreign state doctrine,” state court bias and the “common law.” None of her arguments,
however, address or undermine the court’s previous conclusion that remand was

1

appropriate under § 1447 and the Younger abstention doctrine. Accordingly, her motion
for reconsideration will be denied.

ORDER
IT

IS

ORDERED

that

plaintiff

Jennifer

B.

Kroschewski’s

reconsideration (dkt. #13), is DENIED.
Entered this 7th day of March, 2017.
BY THE COURT:

/s/
__________________________________
WILLIAM M. CONLEY
District Judge

2

motion

for