Linda Kulmann v. Natalie Rinaldi, et al.

SOUTHERN DISTRICT OF FLORIDA CASE NO. 25-62572-CIV-SINGHAL/STRAUSS LINDA KULMANN, Plaintiff, vs. NATALIE RINALDI, et al., Defendants. ______________________________________/ ORDER THIS CAUSE is before the Court on the Report and Recommendation of the Magistrate Judge (DE [22]) recommending that this cause be dismissed without prejudice for lack of subject matter jurisdiction. Plaintiff is proceeding pro se and has requested leave to proceed in forma pauperis. The Magistrate Judge conducted a screening of Plaintiff’s claim pursuant to 28 U.S.C. § 1915(e) and has determined that this Court lacks jurisdiction over the action. Plaintiff has not filed an objection to the Report and Recommendation. The Court has conducted a de novo consideration of the matter.

It is unclear whether Plaintiff is attempting to remove a state court probate proceeding (Case No. PRC240000711) pending in the Circuit Court in Broward County, Florida, or whether she is seeking to pursue a claim for tortious interference with an expectancy of an inheritance. The Court agrees with the Magistrate Judge that the Court lacks jurisdiction under either theory.

First, a federal court has no jurisdiction over probate proceedings or the administration of an estate. Markham v. Allen, 326 U.S. 490, 494 (1946). Second, if Plaintiff is attempting to assert a tort claim, she has failed to establish or allege facts supporting diversity jurisdiction. Accordingly, it is hereby ORDERED AND ADJUDGED that the Report and Recommendation of the Magistrate Judge (DE [22]) is APPROVED AND ADOPTED. This case is DISMISSED WITHOUT PREJUDICE for lack of subject matter jurisdiction. The Clerk of Court is directed to CLOSE this case and DENY AS MOOT any pending motions.

DONE AND ORDERED in Chambers, Fort Lauderdale, Florida, this 12th day of February 2026. \ RAAG 5 UNITED STATES DISTRICT JUDGE Copies furnished counsel via CM/ECF and by US Mail to: Linda Kulmann, pro se PO Box 125 Southbury CT 06488