Background
Miles Christian Hart, proceeding pro se, removed a foreclosure action to federal court. Wells Fargo Bank moved to remand the case to state court, arguing the removal was untimely and the district court lacked subject matter jurisdiction. The district court granted the motion on July 17, 2025, and later denied Hart’s motion for reconsideration on August 8, 2025. Hart appealed both orders.
The court’s reasoning
The court concluded it lacks jurisdiction to review the July 17 order because that order granted a timely motion to remand based on a defect in the removal procedure and a lack of subject matter jurisdiction. The court noted that Hart did not remove the action under 28 U.S.C. Sections 1442 or 1443, which are the only exceptions to the general rule that orders remanding cases are not reviewable under 28 U.S.C. Section 1447(d).
What it means going forward
The appeal regarding the initial remand order is terminated, but the jurisdictional question concerning the denial of reconsideration remains pending for a final determination by the panel hearing the case on the merits.