W. Lee v. Carroll Murraybey , 487 F. App'x 84 ( 2012 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 12-7159
W. DAVID LEE, Judge Cabarrus County Superior Court,
Plaintiff - Appellee,
v.
CARROLL MURRAYBEY,
Defendant - Appellant.
Appeal from the United States District Court for the Middle
District of North Carolina, at Greensboro. William L. Osteen,
Jr., District Judge. (1:12-cr-00190-WO-1)
Submitted: November 2, 2012 Decided: November 6, 2012
Before WILKINSON, KEENAN, and THACKER, Circuit Judges.
Dismissed in part; affirmed in part by unpublished per curiam
opinion.
Carroll Murraybey, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Carroll Murraybey appeals the district court’s order
remanding his state criminal prosecution to North Carolina state
court. Because Murraybey fails to challenge on appeal the
district court’s conclusion that removal was improper he
arguably has forfeited appellate review of the court’s order.
In any event, to the extent the district court relied on 28
U.S.C. § 1443 (2006) in concluding that removal was improper, we
find no reversible error and affirm this portion of the district
court’s order on the reasoning of the district court. See Lee
v. Murraybey, No. 1:12-cr-00190-WO-1 (M.D.N.C. June 8, 2012);
see also 28 U.S.C. § 1447(d) (2006). To the extent that the
district court concluded it lacked subject matter jurisdiction
under removal provisions other than § 1443, we dismiss the
appeal. See Severonickel v. Gaston Reymenants, 115 F.3d 265,
266-69 (4th Cir. 1997); Noel v. McCain, 538 F.2d 633, 635 (4th
Cir. 1976).
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.
DISMISSED IN PART;
AFFIRMED IN PART
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