Opinion
22-2225
03-20-2023
BOARD OF SUPERVISORS OF ALLEGHANY COUNTY, Plaintiff - Appellee, v. DONNIE T.A.M. KERN, Defendant-Appellant.
Donnie T. Kern, Appellant Pro Se. Christopher Stanislaw Dadak, GUYNN WADDELL CARROLL &LOCKABY, P.C., Salem, Virginia, for Appellee.
UNPUBLISHED
Submitted: March 16, 2023
Appeal from the United States District Court for the Western District of Virginia, at Roanoke. James P. Jones, Senior District Judge. (7:22-cv-00424-JPJ-PMS)
Donnie T. Kern, Appellant Pro Se.
Christopher Stanislaw Dadak, GUYNN WADDELL CARROLL &LOCKABY, P.C., Salem, Virginia, for Appellee.
Before WILKINSON, AGEE, and HARRIS, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Donnie T. Kern seeks to appeal the district court's order remanding the underlying civil action against Kern 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 after determining that it lacked subject matter jurisdiction. We therefore are without jurisdiction to review the remand order. See 28 U.S.C. § 1447(c), (d).
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