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598 F. App'x 195

Fry v. Wimbish

U.S. Courts of Appeals

Decided March 20, 2015

U.S. Courts of Appeals · decided 2015-03-20

Applies 28 U.S.C. § 1447

Relies on Quackenbush California Insurance Commissioner v. Allstate Insurance Co

Decided 2015-03-20

¶1Dismissed by unpublished PER CURIAM opinion.

¶2Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

¶3Cassandra Jean Fry appeals the district court’s orders remanding this removed action to state court for lack of jurisdiction and denying reconsideration. An order remanding a case to state court is generally not reviewable on appeal or otherwise. 28 U.S.C. § 1447(d) (2012). The Supreme Court has limited the scope of § 1447(d), prohibiting appellate review of remand orders based on a defect in the removal procedure or lack of subject matter jurisdiction. Quackenbush v. Allstate Ins. Co., 517 U.S. 706, 711-12, 116 S.Ct. 1712, 135 L.Ed.2d 1 (1996); see 28 U.S.C. § 1447(c) (2012). In this case, remand was based on lack of subject matter jurisdiction over a child custody dispute.

¶4Accordingly, 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 the court and argument would not aid the decisional process.

¶5DISMISSED.

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