Wallin v. Buzzell ( 2010 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 10-1154
JOHN B. WALLIN; WANDA N. WALLIN,
Plaintiffs - Appellees,
v.
STEPHEN F. BUZZELL; KIMBERLY B. BUZZELL,
Defendants - Appellants.
Appeal from the United States District Court for the Eastern
District of Virginia, at Richmond. Richard L. Williams, Senior
District Judge. (3:09-cv-00796-RLW)
Submitted: June 17, 2010 Decided: June 24, 2010
Before MOTZ and KING, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Dismissed by unpublished per curiam opinion.
Stephen F. Buzzell, Kimberly B. Buzzell, Appellants Pro Se.
William Ashley Neale Burgess, SANDS ANDERSON, PC, Richmond,
Virginia, for Appellees.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Stephen F. Buzzell and Kimberly B. Buzzell appeal the
district court’s order dismissing their motion for
reconsideration of its remand order for lack of subject matter
jurisdiction pursuant to 28 U.S.C. §§ 1447(c), (d) (2006).
Because the district court’s remand to state court of an
unlawful detainer proceeding filed under Virginia law was
premised on its lack of subject matter jurisdiction, the
district court’s order is not subject to review. 28 U.S.C.
§ 1447(d); Things Remembered, Inc. v. Petrarca, 516 U.S. 124,
127-28 (1995).
Accordingly, we dismiss the appeal for a lack of
subject matter jurisdiction. 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
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