Wachovia Bank v. Ellison ( 2008 )


Menu:
  •                             UNPUBLISHED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    Dismissed by unpublished per curiam opinion.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.        Sean    M.   Corcoran,
    Charlotte, North Carolina, for Appellee.
    Unpublished opinions are not binding precedent in this circuit.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 Ellison’s motion to
    reconsider.    See In re Lowe, 
    102 F.3d 731
    , 734-35 (4th Cir. 1996).
    Accordingly, because the court lacked jurisdiction to
    consider Ellison’s 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 -
    

Document Info

Docket Number: 07-1747

Filed Date: 3/4/2008

Precedential Status: Non-Precedential

Modified Date: 4/18/2021