KP Investments Miami, LLC v. Mario Mirabal

USCA11 Case: 25-10862 Document: 15-1 Date Filed: 05/13/2025 Page: 1 of 2

[DO NOT PUBLISH]

In the

United States Court of Appeals

For the Eleventh Circuit ____________________

No. 25-10862

Non-Argument Calendar ____________________

KP INVESTMENTS MIAMI, LLC,

Plaintiff-Appellee, versus MARIO MIRABAL,

Defendant-Appellant. ____________________

Appeal from the United States District Court for the Southern District of Florida

D.C. Docket No. 1:25-cv-20747-JEM

____________________ USCA11 Case: 25-10862 Document: 15-1 Date Filed: 05/13/2025 Page: 2 of 2 2 Opinion of the Court 25-10862 Before ROSENBAUM, GRANT, and BRASHER, Circuit Judges.

PER CURIAM:

This appeal is DISMISSED, sua sponte, for lack of jurisdic- tion. Mario Mirabal, proceeding pro se, appeals the district court’s order remanding his ejection action to state court for lack of subject matter jurisdiction. That order, however, is unreviewable on ap- peal. See 28 U.S.C. § 1447(c), (d); New v. Sports & Recreation, 114 F.3d 1092, 1096 (11th Cir. 1997) (“Cases remanded for lack of juris- diction are immune from review even if the district court’s decision is clearly erroneous.”). Further, in his notice of removal, Mirabal did not invoke 28 U.S.C. §§ 1442 or 1443, by citation or otherwise. See 28 U.S.C. § 1447(d); BP P.L.C. v. Mayor of Balt., 593 U.S. 230, 238-39 (2021) (concluding that, because the defendants cited § 1442 in their notice of removal, the whole of the district court’s remand order was reviewable on appeal); Alabama v. Conley, 245 F.3d 1292, 1295, 1297 (11th Cir. 2001) (holding that, to remove a case under § 1443(1), a party must rely on specific civil rights stated in terms of racial equality and allege more than the inability to obtain a fair trial).

All pending motions are DENIED as moot. No petition for rehearing may be filed unless it complies with the timing and other requirements of 11th Cir. R. 40-3 and all other applicable rules.