Bevins v. Evans

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 97-6417 EARL C. BEVINS; DELPHINE BEVINS, Plaintiffs - Appellees, versus RICHARD L. EVANS; FRANK M. PECK, JR., Defendants - Appellants. Appeal from the United States District Court for the Southern Dis- trict of West Virginia, at Huntington. Joseph Robert Goodwin, District Judge. (CA-97-0256) Submitted: June 19, 1997 Decided: June 30, 1997 Before WILKINS and MICHAEL, Circuit Judges, and BUTZNER, Senior Circuit Judge. Dismissed by unpublished per curiam opinion. Richard L. Evans, Frank M. Peck, Jr., Appellants Pro Se. P. Nathan Bowles, Jr., BOWLES, RICE, MCDAVID, GRAFF & LOVE, Charleston, West Virginia, for Appellees. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM: Appellants appeal from the district court's order remanding this case to the state court from which they sought to remove it. A district court order remanding a case to the state court from which it was removed is not reviewable on appeal absent special circumstances, not applicable here. 28 U.S.C. § 1447(d) (1994); see Things Remembered, Inc. v. Petrarca, ___ U.S. ___, 64 U.S.L.W. 4035, 4036 (U.S. Dec. 5, 1995) (No. 94-1530). We therefore dismiss the appeal. We deny Appellants' motion to place the addendum to in- formal brief under seal and dispense with oral argument because the facts and legal contentions are adequately presented in the mate- rials before the court and argument would not aid the decisional process. DISMISSED 2