Hudson City Savings Bank v. David Matti

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 5:14-cv-00030-BO. Copies to all parties and the district court/agency. [999444594]. Mailed to: David Mattis. [14-1478]

Appeal: 14-1478

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Filed: 09/29/2014

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 14-1478

HUDSON CITY SAVINGS BANK; JOSHUA R. PINYAN, Substitute
Trustee; GRADY I. INGLE, Substitute Trustee; ELIZABETH B.
ELLS, Substitute Trustee,
Plaintiffs - Appellees,
v.
DAVID M. MATTIS,
Defendant - Appellant,
and
MARGARET A. MATTIS,
Defendant.

Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh.
Terrence W. Boyle,
District Judge. (5:14-cv-00030-BO)

Submitted:

September 25, 2014

Decided:

September 29, 2014

Before WILKINSON and AGEE, Circuit Judges, and DAVIS, Senior
Circuit Judge.

Dismissed by unpublished per curiam opinion.

David M. Mattis, Appellant Pro Se.
Jason Kenneth Purser,
SHAPIRO & INGLE LLP, Charlotte, North Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

Appeal: 14-1478

Doc: 13

Filed: 09/29/2014

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PER CURIAM:
David M. Mattis seeks to appeal the district court’s
order

remanding

Carolina

state

the

underlying

foreclosure

court.

We

the

dismiss

action

appeal

to

for

North

lack

of

jurisdiction.
Subject to exceptions not applicable here, “[a]n order
remanding a case to the State court from which it was removed is
not reviewable on appeal or otherwise.”

28 U.S.C. § 1447(d)

(2012); see E.D. ex rel. Darcy v. Pfizer, Inc., 722 F.3d 574,
581-83 (4th Cir. 2013).

Because the district court’s order does

not fall within any of the exceptions provided by § 1447, the
order is not appealable.

We therefore dismiss the appeal.

We dispense with oral argument because the facts and
legal
before

contentions
this

court

are

adequately

and

argument

presented

would

not

in

aid

the
the

material
decisional

process.

DISMISSED

2