W & M Properties, Inc. v. Milligan

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 04-2327 W&M PROPERTIES, INCORPORATED OF VIRGINIA, d/b/a Merrifield Village Apartment Company, Plaintiff - Appellee, versus CAROLYN A. MILLIGAN; JOHNNY MILLIGAN, Defendants - Appellants. Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. Gerald Bruce Lee, District Judge. (CA-04-981-1) Submitted: January 13, 2005 Decided: January 19, 2005 Before WIDENER, NIEMEYER, and GREGORY, Circuit Judges. Dismissed by unpublished per curiam opinion. Carolyn A. Milligan, Johnny Milligan, Appellants Pro Se. Andrew Greenleaf Lawrence, Fairfax, Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM: Johnny L. Milligan and Carolyn A. Milligan seek to appeal the district court’s order granting plaintiff’s motion and remanding this action to state court because the notice of removal was not timely filed and for lack of federal jurisdiction. The district court’s remand order is not reviewable. See 28 U.S.C. § 1447(d) (2000). We therefore 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. DISMISSED - 2 -