Sylvia McRae v. Samuel Evans, III

Filing 920081219

Opinion

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT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Dismissed by unpublished per curiam opinion.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Unpublished opinions are not binding precedent in this circuit.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