Atlanta Diamond Realty v. Monalito Hutchins

USCA11 Case: 26-11494 Document: 9-1 Date Filed: 07/22/2026 Page: 1 of 2

NOT FOR PUBLICATION In the

United States Court of Appeals

For the Eleventh Circuit ____________________ No. 26-11494 Non-Argument Calendar ____________________

ATLANTA DIAMOND REALTY,

Plaintiff-Appellee, versus MONALITO J. HUTCHINS,

Defendant-Appellant.

____________________

Appeal from the United States District Court for the Northern District of Georgia D.C. Docket No. 1:25-cv-06393-JPB

____________________

Before BRANCH, GRANT, and LUCK, Circuit Judges.

PER CURIAM:

Monalito Hutchins, pro se, appeals from the district court’s April 7, 2026 order remanding a dispossessory action to state court.

USCA11 Case: 26-11494 Document: 9-1 Date Filed: 07/22/2026 Page: 2 of 2 2 Opinion of the Court 26-11494

The order is not appealable because the district court remanded the action based on a lack of subject matter jurisdiction. See 28 U.S.C. § 1447(c), (d) (providing that remands for lack of subject matter jurisdiction are not reviewable on appeal).

The court’s remand order is not otherwise appealable because Hutchins did not remove the action from state court under 28 U.S.C. §§ 1442 or 1443. See 28 U.S.C. §§ 1442, 1443; BP P.L.C. v. Mayor and City Council of Baltimore, 593 U.S. 230, 238 (2021) (explaining that, to remove a case under §§ 1442 or 1443, a notice of removal must assert that the case is removable under one of those provisions).

Accordingly, this appeal is DISMISSED, sua sponte, for lack of jurisdiction. All pending motions are DENIED as moot.