Background
Frasberg Selassie appealed pro se from a district court order that remanded the plaintiff’s action to state court and entered a vexatious litigant pre-filing review order against him.
The court’s reasoning
The court reviewed the pre-filing order for an abuse of discretion and found the district court did not abuse its discretion. The district court provided notice and an opportunity to be heard, developed an adequate record, made substantive findings of frivolousness and harassment, and narrowly tailored the order. Regarding the remand, the court held it lacked jurisdiction to review the order because 28 U.S.C. Section 1447(d) states that an order remanding a removed action to state court for lack of subject matter jurisdiction is not reviewable on appeal.
What it means going forward
The pre-filing review order against the litigant remains in effect, while the remand to state court stands as unreviewable by the appellate court.
Podcast (federal-narrative-summaries): Play in new window | Download