O'Dea v. BNSF Railway Co. ( 2010 )

ORDER ^**

We lack jurisdiction over an appeal from a remand order entered due to a lack of subject matter jurisdiction. See 28 U.S.C. § 1447; Carlsbad Tech. Inc. v. HIF Bio, Inc., — U.S. -, 129 S.Ct. 1862, 1865-66, 173 L.Ed.2d 843 (2009). Costs on appeal are awarded to Appellee. See Fed. R.App. P. 39.

DISMISSED.

** This disposition is not appropriate for publication and is not precedent except as provided by 9 th Cir. R. 36-3.