11th Cir.

Sanders-Bey v. U.S. Bank Trust Company

March 10, 2026 ·0:25-cv-61615-PMH ·Per Curiam · By Aisha Johnson

The United States Court of Appeals for the Eleventh Circuit dismissed an appeal sua sponte due to a lack of jurisdiction. The court held that remand orders based on a lack of subject matter jurisdiction are not reviewable on appeal under federal statute.

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Background

Plaintiffs Cynthia Sanders-Bey and Farrand Clarke-El, proceeding pro se, appealed a district court order that remanded a foreclosure action to state court. The district court had remanded the case due to a lack of subject matter jurisdiction.

The court’s reasoning

The court determined that the district court’s remand order was based on a lack of subject matter jurisdiction. Under Section twenty-eight U.S.C. Section one-four-four-seven, subsections C and D, such remand orders are not reviewable on appeal. The court further noted that the appellants did not remove the action under the limited statutory bases that would permit appellate review, specifically Section one-four-four-two regarding federal officers and agencies or Section one-four-four-three regarding civil rights cases.

This appeal is DISMISSED, sua sponte, for lack of jurisdiction.

USCA11 Case: 25-13610 Document: 34-1

What it means going forward

The dismissal prevents further appellate review of the remand order, leaving the foreclosure action in state court. All pending motions were denied as moot.

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