Sylvia McRae v. Samuel Evans, III

Filing 920081219

Opinion

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 08-2010 SYLVIA E. MCRAE, Plaintiff - Appellant, v. SAMUEL L. EVANS, III, Defendant - Appellee. Appeal from the United States District Court for the District of South Carolina, at Charleston. C. Weston Houck, Senior District Judge. (2:08-cv-01957-CWH) Submitted: December 16, 2008 Decided: December 19, 2008 Before WILKINSON, MICHAEL, and KING, Circuit Judges. Dismissed by unpublished per curiam opinion. Sylvia E. McRae, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Sylvia E. McRae appeals the district court's order affirming the magistrate judge's order remanding her case to the South Carolina state court. case to the state court Generally, "[a]n order remanding a from which it was removed is not reviewable on appeal or otherwise." 28 U.S.C.A. 1447(d) (West 2006). Although this section could be read expansively to apply to all remand orders, the Supreme Court has held that it must be read in conjunction with 28 U.S.C.A. 1447(c) (West 2006). Quackenbush v. Allstate Ins. Co., 517 U.S. 706, 711-12 (1996). Because the remand order is based on a lack of subject matter jurisdiction, it falls within the scope of 1447(c) and is therefore not reviewable. any time before final See 28 U.S.C.A. 1447(c) ("If at it appears that the the district shall be judgment court lacks subject matter jurisdiction, case remanded."); Ellenburg v. Spartan Motors Chassis, Inc., 519 F.3d 192, 196 (4th Cir. 2008) (holding that a remand order based on lack of subject matter jurisdiction, whether sua sponte or not, falls under 1447(c) and is not reviewable). Accordingly, we dismiss the appeal. We dispense with oral argument because in the the facts and legal before contentions the court are and adequately presented materials argument would not aid the decisional process. DISMISSED 2

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