ET 8 LP TRANSCENDENT ELECTRA MANAGEMENT LLC v. GORDON

• Court: District Court, M.D. Georgia
• Decided: January 10, 2024
• Docket: 5:23-cv-00196
• Status: Unknown

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF GEORGIA MACON DIVISION

ET 8 LP TRANSCENDENT ELECTRA ) MANAGEMENT, LLC, ) ) Plaintiff, ) ) CIVIL ACTION NO. 5:23-cv-196 (MTT) v. ) ) WILLIAM HAYWOOD GORDON, et al., ) ) Defendants. ) __________________ )

ORDER On July 20, 2023, the Court remanded this case to the Magistrate Court of Houston County, Georgia. Doc. 5. Defendant William Gordon moves to set aside that order. Doc. 7. However, “[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); Burr & Forman v. Blair, 470 F.3d 1019, 1034 (11th Cir. 2006) (“Section 1447(d) bars not only appellate review of a remand order, but also reconsideration of the order by the remanding district court.”). Accordingly, Gordon’s motion to set aside (Doc. 7) is DENIED for lack of jurisdiction. Even if the Court could address the “merits” (Gordon simply disagrees with the remand order), the Court would deny the motion. SO ORDERED, this 10th day of January, 2024. S/ Marc T. Treadwell MARC T. TREADWELL, CHIEF JUDGE UNITED STATES DISTRICT COURT