Starsha Sewell v. John Howard, No. 12-2201 (4th Cir. 2013)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 12-2201 STARSHA SEWELL, Plaintiff - Appellant, v. JOHN HOWARD, SR., Defendant - Appellee. Appeal from the United States District Court for the District of Maryland, at Greenbelt. J. Frederick Motz, Senior District Judge. (8:12-cv-02736-JFM) Submitted: January 22, 2013 Decided: January 24, 2013 Before WILKINSON, NIEMEYER, and THACKER, Circuit Judges. Dismissed by unpublished per curiam opinion. Starsha Sewell, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Starsha remanding for Sewell lack of appeals the jurisdiction district and court s improper order removal. A district court s remand order is generally not reviewable on appeal or otherwise. See 28 U.S.C. § 1447(d) (2006). While an exception applies for civil rights cases removed pursuant to 28 U.S.C. § 1443 (2006), it requires the removal petitioner to allege: (1) the denial of a right arising under federal law providing for specific civil rights stated in terms of racial equality, and (2) that she is denied or cannot specific federal rights in the state courts. 421 U.S. 213, 219 (1975). enforce the Johnson v. Miss., Because Sewell relies on 28 U.S.C. § 1983 (2006), a provision of general applicability, she cannot satisfy the first prong of Johnson. 780, 792 (1966). district court s See Ga. v. Rachel, 384 U.S. We therefore lack authority to review the remand order. We therefore deny motion for default judgment and dismiss the appeal. Sewell s 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 2

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