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  • Wachovia Bank v. Ellison, 4th Cir. (2008)

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from James Robert Ellison. The district court had remanded Ellison's case to state court due to a lack of subject matter jurisdiction. As the district court lacked jurisdiction after remanding the case, it also lacked jurisdiction to consider Ellison's motion to reconsider its remand order. Therefore, as the district court lacked jurisdiction to consider the motion to reconsider, the Court of Appeals dismisses Ellison's appeal.

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    Filed: 2008-03-04 Precedential Status: Non-Precedential Docket: 07-1747

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from James Robert Ellison. The district court had remanded Ellison's case to state court due to a lack of subject matter jurisdiction. As the district court lacked jurisdiction after remanding the case, it also lacked jurisdiction to consider Ellison's motion to reconsider its remand order. Therefore, as the district court lacked jurisdiction to consider the motion to reconsider, the Court of Appeals dismisses Ellison's appeal.

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    9 views2 pages

    Wachovia Bank v. Ellison, 4th Cir. (2008)

    Uploaded by

    Scribd Government Docs
    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from James Robert Ellison. The district court had remanded Ellison's case to state court due to a lack of subject matter jurisdiction. As the district court lacked jurisdiction after remanding the case, it also lacked jurisdiction to consider Ellison's motion to reconsider its remand order. Therefore, as the district court lacked jurisdiction to consider the motion to reconsider, the Court of Appeals dismisses Ellison's appeal.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 07-1747

    WACHOVIA BANK, N.A.,


    Plaintiff - Appellee,
    RICHARD J. KANIA, Substitute Trustee,
    Party in Interest,
    v.
    JAMES ROBERT ELLISON,
    Defendant - Appellant.

    Appeal from the United States District Court for the Middle
    District of North Carolina, at Durham. William L. Osteen, Senior
    District Judge. (1:07-cv-00018-WLO)

    Submitted:

    February 25, 2008

    Decided:

    March 4, 2008

    Before WILKINSON, MICHAEL, and MOTZ, Circuit Judges.

    Dismissed by unpublished per curiam opinion.

    James Robert Ellison, Appellant Pro Se.


    Charlotte, North Carolina, for Appellee.

    Sean

    M.

    Corcoran,

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    James Robert Ellison appeals a district court order
    denying his motion to reconsider the order remanding his case to
    state court.

    The court remanded the case to state court because of

    a lack of subject matter jurisdiction.

    As a result, the district

    court did not have jurisdiction to consider Ellisons motion to


    reconsider.

    See In re Lowe, 102 F.3d 731, 734-35 (4th Cir. 1996).

    Accordingly, because the court lacked jurisdiction to


    consider Ellisons motion to reconsider, we dismiss the appeal. 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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