Matt O'Dea v. Bnsf Railway Company

NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS FILED

FOR THE NINTH CIRCUIT JAN 20 2010

MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS

MATT O’DEA, No. 08-35525

Plaintiff - Appellee, D.C. No. 6:07-CV-00069-CCL v.

ORDER* BNSF RAILWAY COMPANY,

Defendant - Appellant, and MONTANA DEPARTMENT OF LABOR AND INDUSTRY; MONTANA HUMAN RIGHTS COMMISSION,

Defendants.

Appeal from the United States District Court for the District of Montana Charles C. Lovell, District Judge, Presiding

Argued and Submitted January 13, 2010

Seattle, Washington Before: KLEINFELD and TALLMAN, Circuit Judges, and SETTLE,** District Judge.

We lack jurisdiction over an appeal from a remand order entered due to a lack of subject matter jurisdiction. See 28 U.S.C. § 1447; Carlsbad Tech. Inc. v. HIF Bio, Inc., --- U.S. --- , 129 S. Ct. 1862, 1865–66 (2009). Costs on appeal are awarded to Appellee. See Fed. R. App. P. 39.

DISMISSED.