Wallin v. Buzzell

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 10-1154

JOHN B. WALLIN; WANDA N. WALLIN,

Plaintiffs - Appellees,

v.

STEPHEN F. BUZZELL; KIMBERLY B. BUZZELL,

Defendants - Appellants.

Appeal from the United States District Court for the Eastern District of Virginia, at Richmond. Richard L. Williams, Senior District Judge. (3:09-cv-00796-RLW)

Submitted: June 17, 2010 Decided: June 24, 2010

Before MOTZ and KING, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Dismissed by unpublished per curiam opinion.

Stephen F. Buzzell, Kimberly B. Buzzell, Appellants Pro Se. William Ashley Neale Burgess, SANDS ANDERSON, PC, Richmond, Virginia, for Appellees.

Unpublished opinions are not binding precedent in this circuit.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

Stephen F. Buzzell and Kimberly B. Buzzell appeal the

district court’s order dismissing their motion for

reconsideration of its remand order for lack of subject matter

jurisdiction pursuant to 28 U.S.C. §§ 1447(c), (d) (2006).

Because the district court’s remand to state court of an

unlawful detainer proceeding filed under Virginia law was

premised on its lack of subject matter jurisdiction, the

district court’s order is not subject to review. 28 U.S.C.

§ 1447(d); Things Remembered, Inc. v. Petrarca, 516 U.S. 124,

127-28 (1995).

Accordingly, we dismiss the appeal for a lack of

subject matter jurisdiction. 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