Nationstar Mortgage LLC v. John Bradley, Jr. , 627 F. App'x 186 ( 2015 )


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  •                             UNPUBLISHED
    UNITED STATES COURT OF APPEALS
    FOR THE FOURTH CIRCUIT
    No. 15-2078
    NATIONSTAR MORTGAGE LLC,
    Plaintiff - Appellee,
    v.
    JOHN BRADLEY, JR.,
    Defendant - Appellant.
    Appeal from the United States District Court for the District of
    South Carolina, at Charleston.    Richard Mark Gergel, District
    Judge. (2:15-cv-00508-RMG)
    Submitted:   December 17, 2015            Decided:   December 21, 2015
    Before DIAZ and HARRIS, Circuit Judges, and HAMILTON, Senior
    Circuit Judge.
    Affirmed in part, dismissed in part by unpublished per curiam
    opinion.
    John Bradley, Jr., Appellant Pro Se.         Brian Allen Calub,
    MCGUIREWOODS, LLP, Charlotte, North Carolina, for Appellee.
    Unpublished opinions are not binding precedent in this circuit.
    PER CURIAM:
    John      Bradley,   Jr.,    appeals   the   district    court’s    order
    adopting the magistrate judge’s recommendation and remanding a
    foreclosure action and a related quiet title action to state court.
    Bradley filed a notice of removal of the foreclosure action on
    February 3, 2015, and an amended notice of removal on February 17,
    adding   the     quiet    title   action.     Nationstar     Mortgage,   LLC,
    (“Nationstar”) filed a motion to remand on March 12.            The district
    court granted Nationstar’s motion and remanded the actions to the
    state court because the notices of removal were untimely and
    Bradley’s claims were pending in another district court.
    An order remanding a case to state court is generally not
    reviewable on appeal or otherwise.           
    28 U.S.C. § 1447
    (d) (2012).
    However, the Supreme Court has limited the scope of § 1447(d),
    only prohibiting appellate review of remand orders based on a lack
    of subject matter jurisdiction or a defect in the removal procedure
    that was raised by a party within 30 days after the notice of
    removal was filed.         Quackenbush v. Allstate Ins. Co., 
    517 U.S. 706
    , 711-12 (1996); see 
    28 U.S.C. § 1447
    (c) (2012).
    Here, the district court remanded the actions to state court
    in part due to a defect in the removal procedure.               We conclude
    that we do not have jurisdiction to review the district court’s
    remand of the quiet title action, as Nationstar filed its motion
    to remand within 30 days of Bradley filing the amended notice of
    2
    removal.    We therefore dismiss the appeal of the portion of the
    district court’s order remanding the quiet title action.
    We may, however, exercise jurisdiction over the portion of
    the district court’s order remanding the foreclosure action, as
    Nationstar filed its motion to remand more than 30 days after
    Bradley filed the original notice of removal. The magistrate judge
    recommended remanding the foreclosure action and advised Bradley
    that    failure   to   file   timely,   specific   objections   to   this
    recommendation could waive appellate review of a district court
    order based upon the recommendation.
    The timely filing of specific objections to a magistrate
    judge’s recommendation is necessary to preserve appellate review
    of the substance of that recommendation when the parties have been
    warned of the consequences of noncompliance.         Wright v. Collins,
    
    766 F.2d 841
    , 845-46 (4th Cir. 1985); see also Thomas v. Arn, 
    474 U.S. 140
     (1985).       Bradley has waived appellate review by failing
    to file objections after receiving proper notice.       Accordingly, we
    affirm the portion of the district court’s order remanding the
    foreclosure action.
    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.
    AFFIRMED IN PART;
    DISMISSED IN PART
    3
    

Document Info

Docket Number: 15-2078

Citation Numbers: 627 F. App'x 186

Judges: Diaz, Harris, Hamilton

Filed Date: 12/21/2015

Precedential Status: Non-Precedential

Modified Date: 11/6/2024