Opinion
21-1197
07-20-2021
STATE OF COLORADO, Plaintiff - Appellee, v. CARVEN EXANTUS, Defendant-Appellant.
(D.C. No. 1:21-CV-01389-RBJ) (D. Colo.)
Before HOLMES, McHUGH, and EID, Circuit Judges.
ORDER
This matter is before the court on Appellant Carven Exantus' response to the court's June 24, 2021 jurisdictional show cause order. Upon consideration of the response, the district court's docket, and the applicable law, the appeal is dismissed for lack of jurisdiction.
Appellant challenges the district court's order of remand. Specifically, the district court held that neither the notice of removal, on its face, nor the exhibits attached provided any reasonable basis for removal, and it summarily remanded the case to municipal court. Generally, "[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). The Supreme Court has construed § 1447(d)'s bar on appellate review to apply to remands based on lack of subject matter jurisdiction and timely-raised defects in the removal procedure. See Things Remembered, Inc. v. Petrarca, 516 U.S. 124, 127 (1995).
The district court's remand can be colorably characterized as based on lack of subject matter jurisdiction. Accordingly, this court lacks jurisdiction to consider this appeal. Appellant's arguments in response to this court jurisdictional challenge do not persuade the court otherwise.
APPEAL DISMISSED.