Talley v. Jonas

U.S. Court of Appeals for the Fourth Circuit

Talley v. Jonas

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 00-1909

BETTYANN L. TALLEY,

Plaintiff - Appellee,

versus

NANCY D. JONAS,

Defendant - Appellant.

Appeal from the United States District Court for the District of South Carolina, at Charleston. Solomon Blatt, Jr., Senior District Judge. (CA-00-612-9-8)

Submitted: October 12, 2000 Decided: October 19, 2000

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

Dismissed by unpublished per curiam opinion.

Nancy D. Jonas, Appellant Pro Se. Bettyann L. Talley, Appellee.

Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM:

Nancy D. Jonas appeals the district court’s order remanding

this case to state court. We have reviewed the record and the dis-

trict court’s opinion accepting the magistrate judge’s recommen-

dation and find that because the district court remanded this case

for lack of subject matter jurisdiction, its order is unreviewable

under

28 U.S.C. § 1447

(d) (1994). See Thermtron Prods. v. Hermans-

dorfer,

423 U.S. 336, 343-46

(1976) (holding limited on other

grounds by Quackenbush v. Allstate Ins. Co.,

517 U.S. 706, 711-15

(1996)); Borneman v. United States,

213 F.3d 819, 824-26

(4th Cir.

2000). Accordingly, we dismiss the appeal. We deny Jonas’ motion

to recall the remittitur and set aside a state court order. 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

2

Reference

Status
Unpublished