Cornerstone Residential Management, Inc. v. Willie Smith

Opinion

NOT FOR PUBLICATION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 jurisdiction . Willie Smith, pro se, appeals the district court’s order

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 decision is clearly erroneous.”). Further, in his notice of removal, Smith did not invoke 28 U.S.C. §§ 1442 or 1443, by citation or otherwise . 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 obtain a fair trial).

All pending motions are DENIED as moot.