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Doleac v. Michalson

28 U.S.C. '1441(a) applies only to John Doe defendants as such, not to subsequently named parties identifying one of those fictitious defendants.

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Appeal from the United States District Court for the Southern District of Mississippi

For this appeal, the threshold issue is our jurisdiction vel non to consider the district court’s permitting an amendment joining a party, which resulted in both the destruction of diversity of citizenship and the remand of the action to state court. On the one hand, if we have jurisdiction, we must consider whether allowing the amendment was proper. On the other hand, if jurisdiction is lacking, we must consider the constitutionality of 28 U.S.C. � 1447(d)’s preclusion of our review. (Section 1447(d) bars review of remand orders except in certain civil rights cases.) Because we lack jurisdiction and � 1447(d) is constitutional, the appeal is DISMISSED.

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