Arthur Harry Northrup, Jr. v. State of North Carolina

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 11-1883
ARTHUR HARRY NORTHRUP, JR.,
Plaintiff - Appellant,
v.
STATE OF NORTH CAROLINA,
Defendant - Appellee.
Appeal from the United States District Court for the Western
District of North Carolina, at Statesville. Richard L.
Voorhees, District Judge. (5:11-cv-00043-RLV-DCK)
Submitted: December 22, 2011 Decided: January 5, 2012
Before MOTZ, DUNCAN, and KEENAN, Circuit Judges.
Vacated and remanded by unpublished per curiam opinion.
Arthur Harry Northrup, Jr., Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Arthur Harry Northrup, Jr., appeals the district
court’s order dismissing his petition for removal of his state
criminal prosecution for various traffic violations. While the
district court properly concluded it lacked jurisdiction over
the case, see City of Greenwood v. Peacock, 384 U.S. 808, 826-28
(1966), the proper disposition upon a determination of the lack
of subject matter jurisdiction is to remand the case to the
state court, rather than dismiss the action. See 28 U.S.C.
§§ 1446(c)(3), (4), 1447(c) (2006); accord Hunt v. Lamb, 427
F.3d 725, 727 (10th Cir. 2005) (holding that, when the district
court concluded that removal was improper, “it was required by
28 U.S.C. § 1447(c) to remand the action to state court”).
Accordingly, we vacate the district court’s dismissal
order and remand this case to the district court with
instructions to remand the case to the state court. We dispense
with oral argument because the facts and legal contentions are
adequately presented in the materials before the court and
argument would not aid the decisional process.
VACATED AND REMANDED

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