Alexander House Apartments v. Muhammad ( 2009 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 08-2334
ALEXANDER HOUSE APARTMENTS, c/o McShea Management, Inc.,
Plaintiff – Appellee,
v.
RAHEEM MUHAMMAD,
Defendant – Appellant.
Appeal from the United States District Court for the District of
Maryland, at Greenbelt. Deborah K. Chasanow, District Judge.
(8:08-cv-03076-DKC)
Submitted: November 5, 2009 Decided: December 17, 2009
Before NIEMEYER, MOTZ, and KING, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Raheem Muhammad, Appellant Pro Se. Geoffrey Townsend Hervey,
BREGMAN, BERBERT, SCHWARTZ & GILDAY, LLC, Bethesda, Maryland,
for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Raheem Muhammad seeks to appeal the district court’s
order remanding this case back to state court. Because the
remand order was based on a lack of subject-matter jurisdiction,
we conclude we lack jurisdiction over this appeal. See 28
U.S.C. § 1447(d) (2006); Things Remembered, Inc. v. Petrarca,
516 U.S. 124, 127-28 (1995); Ellenburg v. Spartan Motors
Chassis, Inc., 519 F.3d 192, 196 (4th Cir. 2008); Borneman v.
United States, 213 F.3d 819, 824-25 (4th Cir. 2000).
Accordingly, we grant Appellee’s motion to dismiss
appeal, deny Muhammad’s motion for stay pending appeal and
motion to strike, and we dismiss the appeal. 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
2