Wilbur Powers v. Seth Reaves
Wilbur Powers v. Seth Reaves
Opinion
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
No. 21-2280
WILBUR O. BILLY POWERS; HELEN M. BEANE; POWERS PROPERTIES, Plaintiffs - Appellees, v. SETH REAVES, Defendant - Appellant, and JANE DOE, Defendant.
Appeal from the United States District Court for the District of South Carolina, at Florence.
Joseph Dawson, III, District Judge. (4:21-cv-03187-JD)
Submitted: March 24, 2022 Decided: March 28, 2022
Before MOTZ, WYNN, and RICHARDSON, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Seth Reaves, Appellant Pro Se. John Gatling Hofler, III, HOFLER LAW FIRM LLC, Florence, South Carolina, for Appellees.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM: Seth Reaves seeks to appeal the district court’s order accepting the magistrate judge’s recommendation and granting Appellees’ motion to remand for lack of jurisdiction the eviction action against Reaves to the state court from which it was removed. “[T]he law as it stands today provides that an order remanding a case to the State court from which it was removed is not reviewable on appeal or otherwise, except that an order remanding a case to the State court from which it was removed pursuant to [28 U.S.C. §] 1442 or [§] 1443 . . . shall be reviewable by appeal or otherwise.” BP P.L.C. v. Mayor & City Council of Balt., 141 S. Ct. 1532, 1536-37 (2021) (cleaned up). The district court remanded the case to state court for lack of federal subject matter jurisdiction, and removal was not premised on § 1442 or § 1443. We therefore are without jurisdiction to review the remand order.
Accordingly, we dismiss the appeal for lack of jurisdiction. 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
Case-law data current through December 31, 2025. Source: CourtListener bulk data.