Kenneth MacFadyen v. George McDermott


UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion to clarify [998498115-2]; denying Motion for other relief [998442023-2] Originating case number: 8:10-cv-01111-AW Copies to all parties and the district court/agency. [998537735] [10-2127]

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Kenneth MacFadyen v. George McDermott Doc. 0 Case: 10-2127 Document: 16 Date Filed: 03/04/2011 Page: 1 UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 10-2127 KENNETH J. MACFADYEN; JAMES J. LOFTUS; MIRIAM S. FUCHS; JEFF HUSTON, Plaintiffs Appellees, v. GEORGE E. MCDERMOTT; PATRICIA J. MCDERMOTT, Defendants Appellants. Appeal from the United States District Court for the District of Maryland, at Greenbelt. Alexander Williams, Jr., District Judge. (8:10-cv-01111-AW) Submitted: February 28, 2011 Decided: March 4, 2011 Before TRAXLER, Chief Judge, and KING and DIAZ, Circuit Judges. Dismissed by unpublished per curiam opinion. George E. McDermott, Patricia J. McDermott, Appellants Pro Se. Michael Thomas Cantrell, Kenneth John MacFadyen, FRIEDMAN & MACFADYEN, PC, Baltimore, Maryland, for Appellees. Unpublished opinions are not binding precedent in this circuit. Case: 10-2127 Document: 16 Date Filed: 03/04/2011 Page: 2 PER CURIAM: George E. McDermott and Patricia J. McDermott seek to appeal the district court's order denying their motion for reconsideration of the court's order remanding the case to the state court. Pursuant to 28 U.S.C. 1447(d) (2006), "[a]n order remanding a case to the State court from which it was removed [under 28 U.S.C. 1441(b) (2006)] is not reviewable on appeal or otherwise." This court, accordingly, lacks jurisdiction to review the district court's order. dismiss this appeal. We therefore We also deny the McDermotts' motions to strike the district court's order and for clarification of this court's facts docket. legal before We dispense with are and oral argument because in aid the the the and contentions the court adequately argument presented not materials would decisional process. DISMISSED 2

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