Branch Banking & Trust Co. v. Bryant

U.S. Court of Appeals for the Fourth Circuit
Branch Banking & Trust Co. v. Bryant, 709 F. App'x 200 (4th Cir. 2018)

Branch Banking & Trust Co. v. Bryant

Opinion

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Nehemiah Bryant seeks to appeal the district court’s order adopting the magistrate judge’s recommendation and remanding this removed action to the state court. With certain exceptions not applicable here, “[a]n order remanding a case to the State court from which it was removed is not reviewable on appeal or otherwise.” 28 U.S.C. § 1447(d) (2012). The Supreme Court has limited the scope of § 1447(d) to prohibiting appellate review of remand orders based on a defect in the removal procedure or lack of subject matter jurisdiction. Quackenbush v. Allstate Ins. Co., 517 U.S. 706, 711-12, 116 S.Ct. 1712, 135 L.Ed.2d 1 (1996); see 28 U.S.C. § 1447(c) (2012). Here, the remand was based on lack of subject matter jurisdiction and defects in the removal procedure. Accordingly, this court lacks jurisdiction to review the district court’s order. We therefore dismiss the appeal. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process.

DISMISSED

Reference

Full Case Name
BRANCH BANKING AND TRUST COMPANY, Plaintiff-Appellee, v. Nehemiah BRYANT, Defendant-Appellant
Status
Unpublished