UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 08-2010

SYLVIA E. MCRAE,

Plaintiff - Appellant,

v.

SAMUEL L. EVANS, III,

Defendant - Appellee.

Appeal from the United States District Court for the District of South Carolina, at Charleston. C. Weston Houck, Senior District Judge. (2:08-cv-01957-CWH)

Submitted: December 16, 2008 Decided: December 19, 2008

Before WILKINSON, MICHAEL, and KING, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Sylvia E. McRae, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.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

Sylvia E. McRae appeals the district court’s order

affirming the magistrate judge’s order remanding her case to the

South Carolina state court. Generally, “[a]n order remanding a

case to the state court from which it was removed is not

reviewable on appeal or otherwise.”

(d) (West

2006). Although this section could be read expansively to apply

to all remand orders, the Supreme Court has held that it must be

read in conjunction with

(c) (West 2006).

Quackenbush v. Allstate Ins. Co.,

(1996).

Because the remand order is based on a lack of subject

matter jurisdiction, it falls within the scope of § 1447(c) and

is therefore not reviewable. See

(c) (“If at

any time before final judgment it appears that the district

court lacks subject matter jurisdiction, the case shall be

remanded.”); Ellenburg v. Spartan Motors Chassis, Inc.,

(4th Cir. 2008) (holding that a remand order based on

lack of subject matter jurisdiction, whether sua sponte or not,

falls under § 1447(c) and is not reviewable).

Accordingly, we dismiss the 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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