Bank of America v. Florine Beeson

625 F. App'x 212

• Court: Court of Appeals for the Fourth Circuit
• Decided: December 21, 2015
• Docket: 15-2163
• Status: Unpublished

Opinion

Dismissed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

The Appellants, Florine and Henry Bee-son, removed their .state foreclosure action to federal court pursuant to 28 U.S.C. § 1446 (2012). The district court adopted the magistrate judge’s recommendation and l’emanded the case back to state court for lack of subject matter jurisdiction pursuant to 28 U.S.C. § 1447(c) (2012). Ap pellants seek to appeal that order and the Appellee filed a motion to dismiss the appeal.

The district court’s order.of remand is not reviewable by this court. See 28 U.S.C. § 1447(d) (2012); see also E.D. ex rel. Darcy v. Pfizer, Inc., 722 F.3d 574, 579 (4th Cir.2013) (section 1447(d)) prohibits review of all remand orders pursuant to § 1447(c) “regardless of “whether or not that order might be deemed erroneous by [us].’ ” (quoting Thermtron Prods, v. Hermansdorfer, 423 U.S. 336, 351, 96 S.Ct. 584, 46 L.Ed.2d 542 (1976)). Accordingly, we grant the Appellee’s motion to dismiss the appeal-and deny the Appellants’ motions for injunctive relief pending appeal, default judgment, and .emergency relief. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid in the decisional process.

DISMISSED.