Opinion
No. 10-1091.
Submitted: June 1, 2010.
Decided: June 7, 2010.
Appeal from the United States District Court for the Southern District of West Virginia, at Charleston. Joseph R. Goodwin, Chief District Judge. (2:09-cv-00096).
Philip Brown Hereford, Hereford Hereford, Charleston, West Virginia, for Appellant. Mark E. Davis, Tammy L. Davis, Appellees Pro Se; James William Lane J r., Charleston, West Virginia, for Appellees.
Before GREGORY, SHEDD, and KEENAN, Circuit Judges.
Affirmed by unpublished PER CURIAM opinion.
Unpublished opinions are not binding precedent in this circuit.
Huntington National Bank appeals from the district court's order denying its request for attorneys fees following the improper removal of the underlying proceeding. Because Huntington was not a party to the proceedings in district court, the court acted within its discretion in denying Huntington's motion for attorney fees. See People for the Ethical Treatment of Animals v. Doughney, 263 F.3d 359, 370 (4th Cir. 2001) (providing standard of review). We have reviewed the record and find no reversible error. Accordingly, we affirm for the reasons stated by the district court. Davis v. Rutherford, No. 2:09-cv-00096 (S.D.W.Va. filed Oct. 6, 2009 entered Oct. 8, 2009). We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.
AFFIRMED.