CLD-194 NOT PRECEDENTIAL
UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
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No. 12-2057
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KERMICK B. TRAMMELL
v.
GEORGE K. TRAMMELL, III,
Appellant
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On Appeal from the United States District Court
for the District of Delaware
(D.C. Civil No. 12-cv-00014)
District Judge: Honorable Richard G. Andrews
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Submitted for Possible Summary Action Pursuant to
Third Circuit LAR 27.4 and I.O.P. 10.6
May 31, 2012
Before: RENDELL, HARDIMAN and VAN ANTWERPEN, Circuit Judges
(Opinion filed: June 13, 2012)
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OPINION
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PER CURIAM
George K. Trammell, proceeding pro se, appeals an order of the District Court
remanding his action to the Court of Chancery of the State of Delaware. Trammell is a
frequent pro se litigator; most of his suits are nearly indecipherable and concern state
court actions regarding his father’s estate. See, e.g., In re Trammell, 12-1777, 2012 WL
1242331 (3d Cir. Apr. 13, 2012); Trammell v. Trammell, No. 11-3155, 446 F. App’x
530, 531 (3d Cir. 2011); Trammell v. Lillies Love & Care Daycare Ctr., et al., No. 11–
3156, 448 F. App’x 188 (3d Cir. 2011); see also Trammell v. All Other Collateral Heirs
of Estate of Marie Jones Polk, No. 11–3154, 446 F. App’x 437 (3d Cir. 2011) (abstruse
complaint asserting claims regarding the estate of Trammell’s deceased aunt). This
action is no different, and appears to be rooted in the decision by the Court of Chancery
to remove him from his position as the administrator of his late father’s estate. As a
result, he contends that he is being forced to sell his home at auction.
Trammell sought to remove his state proceedings to federal court. See Trammell
v. Trammell, No. 11-cv-0793 (D. De. Nov. 28, 2011). The District Court determined that
it lacked subject matter jurisdiction over the case and remanded; rather than appeal,
Trammell then filed a second notice of removal. The District Court again determined
that it lacked subject matter jurisdiction—the parties are not diverse, no federal question
was presented, and Trammell did not show that he was unable to enforce his rights in
state court. See Kline v. Sec. Guards, Inc., 386 F.3d 246, 251 (3d Cir. 2004) (“only state-
court actions that originally could have been filed in federal court may be removed to
federal court” under 28 U.S.C. § 1441); Davis v. Glanton, 107 F.3d 1044, 1047 (3d Cir.
1997) (removal under 28 U.S.C. § 1443(1) appropriate only upon a showing that a
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litigant “is denied or cannot enforce’ that right in the courts of the state”) (quotation
omitted). It remanded the matter once more to the state courts, and Trammell appealed. 1
Generally, an order remanding a case to the state court from which it was removed
is not an appealable order, except where the case was removed pursuant to 28 U.S.C.
§ 1443. See 28 U.S.C. § 1447(d); Glanton 107 F.3d at 1047. More specifically, except in
a case removed under § 1443, § 1447(d) prohibits review of a remand order based on a
district court’s finding that it lacks jurisdiction, even if that finding is erroneous. See
Feidt v. Owens Corning Fiberglas Corp., 153 F.3d 124, 126-28 (3d Cir. 1998); Liberty
Mut. Ins. Co. v. Ward Trucking Corp., 48 F.3d 742, 749-50 (3d Cir. 1995). Here, the
District Court’s remand order was based on its finding that it lacked subject matter
jurisdiction because diversity of citizenship was lacking. Thus, this Court has jurisdiction
to review the District Court’s remand order only to the extent Trammell removed his case
pursuant to § 1443.
We discern no error in the District Court’s determination that Trammell did not
show that he was unable to enforce his rights in state court. The appeal is frivolous and
1
The District Court entered its order remanding the case to the Court of Chancery on
January 26, 2012, and Trammell filed a motion for relief from judgment 29 days later, on
February 21, 2012. Under Fed. R. App. P. 4(a)(4)(A)(vi), a motion for relief from
judgment filed “no later than 28 days after the judgment is entered” acts to enlarge the
time to appeal. In this case the 28th day after entry of judgment fell on President’s Day,
February 20, 2012, the period continued to run an additional day. Fed. R. App. P.
26(a)(1)(C). Accordingly, Trammell’s appeal is timely as to the District Court’s remand
order. He has not taken an appeal from the denial of his motion for relief from judgment.
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presents no substantial question. We will summarily affirm. See 3d Cir. L.A.R. 27.4 and
3d Cir. I.O.P. 10.
This appeal is the latest in a series of nonmeritorious cases dealing with
substantially the same issue. In his filings before this Court, Trammell appears to be
attempting to draw attention away from the frivolous nature of his claims by focusing on
alleged biases in the District Court and the state courts, including unfounded allegations
of criminal wrongdoing. Proceeding pro se does not entitle him to file pleadings that are
frivolous or repetitive or contain personal attacks. We warn Trammell that if he
continues to do so, he may be subject to sanctions or an injunction.
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