FIRST UNION MORTG. CORP. v. SMITH

No. 99-2238.

229 F.3d 992 (2000)

FIRST UNION MORTGAGE CORPORATION, Plaintiff-Appellee, v. Galen J. SMITH, Defendant-Appellant, and George O. Hels; Shirley E. Hels, his wife; Patrick J. Lackey; Monica R. Lackey, his wife; Elisa McDowell; Jack T. McDowell, husband and wife, Defendants.

United States Court of Appeals, Tenth Circuit.

October 16, 2000.


Attorney(s) appearing for the Case

Submitted on the briefs:*

Kim A. Griffith and Timothy M. Sheehan of Sheehan, Sheehan & Stelzner, P.A., Albuquerque, New Mexico, for Plaintiff-Appellee.

Galen J. Smith, pro se.

Before BALDOCK, KELLY, and HENRY, Circuit Judges.


PAUL KELLY, Jr., Circuit Judge.

Defendant Galen J. Smith removed this action from state court to federal court, and a magistrate judge then sua sponte ordered the case remanded to state court. The question presented in this appeal is whether the magistrate judge had the authority or jurisdiction to do so. Because the remand order disposed of the case as it existed in federal court, we conclude that he did not. We therefore...

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