Free USCA Order Terminating Appeal - District Court of Delaware - Delaware

Case 1:04-cv-00347-JJF

Document 38

Filed 06/28/2005

Page 1 of 2

APS-275

June 16, 2005

UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT C.A. No. 05-2419

EASTERN SAVINGS BANK VS. CAROLINE P. AYRES-FOUNTAIN (D.DEL. CIV. NO. 04-CV-00347)

Present:

SLOVITER, NYGAARD AND FUENTES, CIRCUIT JUDGES Submitted are: (1) (2) By the Clerk for possible dismissal due to a jurisdictional defect; By the Clerk is the within appeal for possible summary action pursuant to 3rd Circuit Local Appellate Rule 27.4 and Chapter 10.6 of the Court's Internal Operating Procedures; Appellee's response; Appellant's response; Appellant's motion for relief from judgment; Appellant's motion to strike appellee's jurisdictional response; and Appellant's motion for judicial notice

(3) (4) (5) (6) (7)

in the above-captioned case. Respectfully, Clerk MMW/RL/dmm

Case 1:04-cv-00347-JJF

Document 38

Filed 06/28/2005

Page 2 of 2

APS-275 EASTERN SAVINGS BANK V. CAROLINE P. AYRES-FOUNTAIN C.A. NO. 05-2419 Page 2

JUNE 16, 2005

ORDER Caroline P. Ayres-Fountain appeals the District Court's order remanding the case against her to state court. An order remanding a case to state court is not reviewable on appeal or otherwise unless the case was removed pursuant to 28 U.S.C. § 1443. 28 U.S.C. § 1447(d). Here, Ayres-Fountain stated in her notice of removal that the case was being removed pursuant to 28 U.S.C. §§ 1441 & 1446. Accordingly, the appeal will be dismissed for lack of jurisdiction. Ayres-Fountain's motions for judicial notice, for relief from judgment, and to strike appellee's jurisdictional response are denied.

By the Court,
A True Copy :

/s/ Julio M. Fuentes Circuit Judge

Marcia M . Waldron, Clerk

Dated: June 28, 2005 DMM/cc: Ms. Caroline P. Ayres-Fountain Laura M. Egerman, Esq. John R. Weaver Jr., Esq.