State of Ohio v. Charles E. Wright, Ohio State Highway Patrol Trooper

I concur with the majority opinion which holds that we have no jurisdiction over this *621appeal in accordance with 28 U.S.C. § 1447(d) (1988). I write separately, however, to give fuller exposition to this holding.

If a district court remands a case based on the grounds listed in 28 U.S.C. § 1447(c) (1988),1 this court cannot review the remand order. 28 U.S.C. § 1447(d); Thermtron Products v. Hermansdorfer, 423 U.S. 336, 343, 96 S.Ct. 584, 589, 46 L.Ed.2d 542 (1976). Importantly, this court is without jurisdiction to review a remand order grounded in Section 1447(c) even if the district court…