In re: In the Matter of Jessica N. Smith an Adult

S.D. Mississippi

In re: In the Matter of Jessica N. Smith an Adult

DecidedMay 4, 2023

Docket1:23-cv-00084

StatusUnknown

This text of In re: In the Matter of Jessica N. Smith an Adult (In re: In the Matter of Jessica N. Smith an Adult) is published on Counsel Stack Legal Research, covering District Court, S.D. Mississippi primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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In re: In the Matter of Jessica N. Smith an Adult, (S.D. Miss. 2023).

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Opinion

FOIRN T THHEE S UONUITTEHDE RSNT ADTISETSR DIICSTT ROIFC MT ICSOSIUSRSITP PI SOUTHERN DIVISION

IN THE MATTER OF JESSICA N. SMITH AN ADULT CIVIL ACTION NO. 1:23-cv-84-TBM-RPM

ORDER

Ellis Keyes has filed a Motion for Reconsideration [10]. He petitions this Court to reconsider its Order [6] remanding this case to Mississippi state court. This case was remanded because of a defect in the removal procedural, namely Keyes removed the case even though he was not a defendant. [6], p. 1; see 28 U.S.C. § 1441(a); Valencia v. Allstate Tex. Lloyd’s, 976 F.3d 593, 595 (5th Cir. 2020). Because that was the basis for the remand order, this Court is without jurisdiction to reconsider its order. See 28 U.S.C. § 1447(d) (“An order remanding a case to the State court from which it was removed is not reviewable on appeal or otherwise[.]”); Quackenbush v. Allstate Ins. Co., 517 U.S. 706, 711-12, 116 S. Ct. 1712, 135 L. Ed. 2d 1 (1996) (finding that section 1447(d) only applies to remands based “on lack of subject matter jurisdiction or defects in removal procedure.”); In re Weaver, 610 F.2d 335, 336-37 (5th Cir. 1980); Hood v. Allstate Ins. Co., 67 F. App’x 248, *1-2 (5th Cir. 2003). IT IS THEREFORE ORDERED AND ADJUDGED that, Keyes’s Motion for Reconsideration [10] is DENIED for want of jurisdiction. THIS, the 4th day of May, 2023.

TAYLOR B. McNEEL UNITED STATES DISTRICT JUDGE

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FOIRN T THHEE S UONUITTEHDE RSNT ADTISETSR DIICSTT ROIFC MT ICSOSIUSRSITP PI SOUTHERN DIVISION

IN THE MATTER OF JESSICA N. SMITH AN ADULT CIVIL ACTION NO. 1:23-cv-84-TBM-RPM

ORDER

Ellis Keyes has filed a Motion for Reconsideration [10]. He petitions this Court to reconsider its Order [6] remanding this case to Mississippi state court. This case was remanded because of a defect in the removal procedural, namely Keyes removed the case even though he was not a defendant. [6], p. 1; see 28 U.S.C. § 1441(a); Valencia v. Allstate Tex. Lloyd’s, 976 F.3d 593, 595 (5th Cir. 2020). Because that was the basis for the remand order, this Court is without jurisdiction to reconsider its order. See 28 U.S.C. § 1447(d) (“An order remanding a case to the State court from which it was removed is not reviewable on appeal or otherwise[.]”); Quackenbush v. Allstate Ins. Co., 517 U.S. 706, 711-12, 116 S. Ct. 1712, 135 L. Ed. 2d 1 (1996) (finding that section 1447(d) only applies to remands based “on lack of subject matter jurisdiction or defects in removal procedure.”); In re Weaver, 610 F.2d 335, 336-37 (5th Cir. 1980); Hood v. Allstate Ins. Co., 67 F. App’x 248, *1-2 (5th Cir. 2003). IT IS THEREFORE ORDERED AND ADJUDGED that, Keyes’s Motion for Reconsideration [10] is DENIED for want of jurisdiction. THIS, the 4th day of May, 2023.

TAYLOR B. McNEEL UNITED STATES DISTRICT JUDGE

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