Board Of Supervisors Of Alleghany County v. Donnie Kern ( 2023 )

USCA4 Appeal: 22-2225 Doc: 18 Filed: 03/20/2023 Pg: 1 of 2
UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 22-2225
BOARD OF SUPERVISORS OF ALLEGHANY COUNTY,
Plaintiff - Appellee,
v.
DONNIE T.A.M. KERN,
Defendant - Appellant.
Appeal from the United States District Court for the Western District of Virginia, at
Roanoke. James P. Jones, Senior District Judge. (7:22-cv-00424-JPJ-PMS)
Submitted: March 16, 2023 Decided: March 20, 2023
Before WILKINSON, AGEE, and HARRIS, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Donnie T. Kern, Appellant Pro Se. Christopher Stanislaw Dadak, GUYNN WADDELL
CARROLL & LOCKABY, P.C., Salem, Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
USCA4 Appeal: 22-2225 Doc: 18 Filed: 03/20/2023 Pg: 2 of 2
PER CURIAM:
Donnie T. Kern seeks to appeal the district court’s order remanding the underlying
civil action against Kern to the state court from which it was removed.
[T]he law as it stands today provides that an order remanding a case to the
State court from which it was removed is not reviewable on appeal or
otherwise, except that an order remanding a case to the State court from
which it was removed pursuant to [28 U.S.C. §] 1442 or [§] 1443 . . . shall
be reviewable by appeal or otherwise.
BP P.L.C. v. Mayor & City Council of Balt., 141 S. Ct. 1532, 1536-37 (2021) (cleaned up).
The district court remanded the case to state court after determining that it lacked subject
matter jurisdiction. We therefore are without jurisdiction to review the remand order. See
28 U.S.C. § 1447(c), (d).
Accordingly, we dismiss the appeal for lack of jurisdiction. 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.
DISMISSED
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