In Re: Estate of Remo Ceniccola Deceased et al v. Rinaldi et al

UNITED STATES DISTRICT COURT
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
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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.
Copies furnished counsel via CM/ECF and
by US Mail to:
Linda Kulmann, pro se
PO Box 125
Southbury CT 06488
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