John Wallin v. Stephen Buzzell, No. 10-1154 (4th Cir. 2010)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 10-1154 JOHN B. WALLIN; WANDA N. WALLIN, Plaintiffs - Appellees, v. STEPHEN F. BUZZELL; KIMBERLY B.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 Before MOTZ and Circuit Judge. KING, Decided: Circuit Judges, and June 24, 2010 HAMILTON, Senior Dismissed by unpublished per curiam opinion.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 Unpublished opinions are not binding precedent in this circuit.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 Because district court s the unlawful detainer premised on its 28 proceeding lack of U.S.C. §§ 1447(c), remand filed subject to under matter state (d) (2006). court Virginia of an law was 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 subject matter jurisdiction. the appeal for a lack of 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

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