MacFadyen v. McDermott

• Court: Court of Appeals for the Fourth Circuit
• Decided: March 4, 2011
• Docket: 10-2127
• Status: Unpublished

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 10-2127

KENNETH J. MACFADYEN; JAMES J. LOFTUS; MIRIAM S. FUCHS; JEFF HUSTON,

Plaintiffs – Appellees,

v.

GEORGE E. MCDERMOTT; PATRICIA J. MCDERMOTT,

Defendants – Appellants.

Appeal from the United States District Court for the District of Maryland, at Greenbelt. Alexander Williams, Jr., District Judge. (8:10-cv-01111-AW)

Submitted: February 28, 2011 Decided: March 4, 2011

Before TRAXLER, Chief Judge, and KING and DIAZ, Circuit Judges.

Dismissed by unpublished per curiam opinion.

George E. McDermott, Patricia J. McDermott, Appellants Pro Se. Michael Thomas Cantrell, Kenneth John MacFadyen, FRIEDMAN & MACFADYEN, PC, Baltimore, Maryland, for Appellees.

Unpublished opinions are not binding precedent in this circuit. PER CURIAM:

George E. McDermott and Patricia J. McDermott seek to

appeal the district court’s order denying their motion for

reconsideration of the court’s order remanding the case to the

state court. Pursuant to 28 U.S.C. § 1447(d) (2006), “[a]n

order remanding a case to the State court from which it was

removed [under 28 U.S.C. § 1441(b) (2006)] is not reviewable on

appeal or otherwise.” This court, accordingly, lacks

jurisdiction to review the district court’s order. We therefore

dismiss this appeal. We also deny the McDermotts’ motions to

strike the district court’s order and for clarification of this

court’s docket. We dispense with oral argument because the

facts and legal contentions are adequately presented in the

materials before the court and argument would not aid the

decisional process.

DISMISSED