Filed: Apr. 03, 2018
Latest Update: Mar. 03, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 18-1169 BRUCE E. PHILLIPS, JR., Plaintiff - Appellant, v. BRUCE EDWARD PHILLIPS, SR., Double Confidential Informant for FBI & DHS; WILAIWAN MCKINNY, DEA; EDWIN MCGEE, Secret Service; UNITED STATES POSTAL SERVICE, Defendants - Appellees. No. 18-1170 BRUCE E. PHILLIPS, JR., Plaintiff - Appellant, v. UNKNOWN, Defendant - Appellee. Appeals from the United States District Court for the Eastern District of Virginia, at Alexandria. T
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 18-1169 BRUCE E. PHILLIPS, JR., Plaintiff - Appellant, v. BRUCE EDWARD PHILLIPS, SR., Double Confidential Informant for FBI & DHS; WILAIWAN MCKINNY, DEA; EDWIN MCGEE, Secret Service; UNITED STATES POSTAL SERVICE, Defendants - Appellees. No. 18-1170 BRUCE E. PHILLIPS, JR., Plaintiff - Appellant, v. UNKNOWN, Defendant - Appellee. Appeals from the United States District Court for the Eastern District of Virginia, at Alexandria. T...
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 18-1169
BRUCE E. PHILLIPS, JR.,
Plaintiff - Appellant,
v.
BRUCE EDWARD PHILLIPS, SR., Double Confidential Informant for FBI &
DHS; WILAIWAN MCKINNY, DEA; EDWIN MCGEE, Secret Service;
UNITED STATES POSTAL SERVICE,
Defendants - Appellees.
No. 18-1170
BRUCE E. PHILLIPS, JR.,
Plaintiff - Appellant,
v.
UNKNOWN,
Defendant - Appellee.
Appeals from the United States District Court for the Eastern District of Virginia, at
Alexandria. T.S. Ellis, III, Senior District Judge. (1:17-cv-01301-TSE-IDD; 1:17-cv-
01302-TSE-IDD)
Submitted: March 29, 2018 Decided: April 3, 2018
Before AGEE and DIAZ, Circuit Judges, and HAMILTON, Senior Circuit Judge.
Dismissed by unpublished per curiam opinion.
Bruce E. Phillips, Jr., Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
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PER CURIAM:
In these consolidated appeals, Bruce Edward Phillips, Jr., seeks to appeal the
district court’s orders remanding his complaints to state court, denying reconsideration,
and imposing a prefiling injunction requiring Phillips to obtain the permission of the
district court prior to filing any further actions or motions. With respect to the district
court’s orders remanding the complaints to state court for lack of subject matter
jurisdiction, those orders are not reviewable. See 28 U.S.C. § 1447(d) (2012); see also
Bartels v. Saber Healthcare Grp., LLC,
880 F.3d 668, 673 (4th Cir. 2018) (where order
of remand is based on lack of subject matter jurisdiction, appellate review is prohibited).
In addition, the district court also properly denied Phillips’ motions for reconsideration,
as a district court cannot reconsider its ruling remanding a case to state court. See In re
Lowe,
102 F.3d 731, 733-36 (4th Cir. 1996). Finally, Phillips has failed in his informal
briefs on appeal to challenge the district court’s imposition of the prefiling injunction and
has thus forfeited appellate review of that issue. See 4th Cir. R. 34(b).
We therefore deny leave to proceed in forma pauperis and dismiss the appeals.
We dispense with oral argument because the facts and legal contentions are adequately
presented in the materials before this court and argument would not aid in the decisional
process.
DISMISSED
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