Kenneth MacFadyen v. George McDermott, No. 10-2127 (4th Cir. 2011)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 10-2127 KENNETH J. MACFADYEN; JAMES J. LOFTUS; MIRIAM S. FUCHS; JEFF HUSTON, Plaintiffs Appellees, v. GEORGE E. MCDERMOTT; PATRICIA J. MCDERMOTT, Defendants Appellants. Appeal from the United States District Court for the District of Maryland, at Greenbelt. Alexander Williams, Jr., District Judge. (8:10-cv-01111-AW) Submitted: February 28, 2011 Decided: March 4, 2011 Before TRAXLER, Chief Judge, and KING and DIAZ, Circuit Judges. Dismissed by unpublished per curiam opinion. George E. McDermott, Patricia J. McDermott, Appellants Pro Se. Michael Thomas Cantrell, Kenneth John MacFadyen, FRIEDMAN & MACFADYEN, PC, Baltimore, Maryland, for Appellees. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: George E. McDermott and Patricia J. McDermott seek to appeal the district court s order denying their motion for reconsideration of the court s order remanding the case to the state court. Pursuant to 28 U.S.C. § 1447(d) (2006), [a]n order remanding a case to the State court from which it was removed [under 28 U.S.C. § 1441(b) (2006)] is not reviewable on appeal or otherwise. This court, accordingly, jurisdiction to review the district court s order. dismiss this appeal. lacks We therefore We also deny the McDermotts motions to strike the district court s order and for clarification of this court s facts docket. and materials legal before We dispense with oral argument contentions are adequately the and argument court because presented would not the in the aid the decisional process. DISMISSED 2

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