Parker v. Baptist Theological Seminary

Court of Appeals for the Fourth Circuit·Decided May 2, 2011·No. 10-2420·Unpublished

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 10-2420

TONIA PARKER; MONROE R. PARKER, JR.,

Plaintiffs – Appellants,

v.

BAPTIST THEOLOGICAL SEMINARY AT RICHMOND; LAMONT PROPERTIES LP,

Defendants - Appellees.

Appeal from the United States District Court for the Eastern District of Virginia, at Richmond. Robert E. Payne, Senior District Judge. (3:10-cv-00886-REP)

Submitted: April 28, 2011 Decided: May 2, 2011

Before DAVIS, KEENAN, and WYNN, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Tonia Parker, Monroe R. Parker, Jr., Appellants Pro Se. Richard Kent Bennett, HARMAN, CLAYTOR, CORRIGAN & WELLMAN, Richmond, Virginia; Daniel Leigh Rosenthal, Richmond, Virginia, for Appellees.

Unpublished opinions are not binding precedent in this circuit.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

Tonia Parker and Monroe Parker, Jr., appeal the

district court’s order granting the Defendants’ motion to remand

the case to 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 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

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Parker v. Baptist Theological Seminary, (4th Cir. 2011).

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28 U.S.C. § 1441(b)