Cornerstone Residential Management, Inc. v. Willie Smith

Opinion

USCA11 Case: 25-12724 Document: 22-1 Date Filed: 10/23/2025 Page: 1 of 2

NOT FOR PUBLICATION

In the United States Court of Appeals For the Eleventh Circuit ____________________ No. 25-12724 Non-Argument Calendar ____________________

CORNERSTONE RESIDENTIAL MANAGEMENT, INC., d.b.a. Freedom's Path Ltd., Plaintiff-Appellee, versus

WILLIE G. SMITH, Defendant-Appellant. ____________________ Appeal from the United States District Court for the Southern District of Georgia D.C. Docket No. 1:25-cv-00119-JRH-BKE ____________________

Before NEWSOM, BRANCH, and KIDD, Circuit Judges. PER CURIAM: This appeal is DISMISSED, sua sponte, for lack of jurisdic- tion. Willie Smith, pro se, appeals the district court’s order USCA11 Case: 25-12724 Document: 22-1 Date Filed: 10/23/2025 Page: 2 of 2

2 Opinion of the Court 25-12724

remanding his civil dispossessory action to state court for lack of subject matter jurisdiction. That order, however, is unreviewable on appeal. See 28 U.S.C. § 1447(c), (d); New v. Sports & Recreation, 114 F.3d 1092, 1096 (11th Cir. 1997) (“Cases remanded for lack of jurisdiction are immune from review even if the district court’s de- cision is clearly erroneous.”). Further, in his notice of removal, Smith did not invoke 28 U.S.C. §§ 1442 or 1443, by citation or oth- erwise. See 28 U.S.C. § 1447(d); BP P.L.C. v. Mayor of Balt., 593 U.S. 230, 238-39 (2021) (concluding that, because the defendants cited § 1442 in their notice of removal, the whole of the district court’s remand order was reviewable on appeal); Alabama v. Conley, 245 F.3d 1292, 1295, 1297 (11th Cir. 2001) (holding that, to remove a case under § 1443(1), a party must rely on specific civil rights stated in terms of racial equality and allege more than the inability to ob- tain a fair trial). All pending motions are DENIED as moot.