Blatter

MEMORANDUM ***

This is a petition for a writ of mandamus or writ of prohibition, directed to the United States District Court for the District of Montana. Real party in interest, Plaintiff Martha Denton, brought the underlying action against petitioners Blake Blatter, Clark Carpenter, and Park County (collectively “County Petitioners”) on April 5, 2006, in a Montana state district court. Plaintiff alleged seven causes of action, including a federal civil rights claim under 42 U.S.C. § 1983 . County Petitioners removed the case to the United States District Court for the District of Montana on May 18, 2006, contending that the district court had original jurisdiction over the federal claim. Plaintiff filed a motion to remand, and on September 12, 2006, the district court entered an order remanding the case. County Petitioners then filed a motion for reconsideration. The district court denied the motion on October 4, 2006. County Petitioners filed this petition for a writ of mandamus on October 12, 2006, requesting that this court vacate the district court’s order granting Plaintiffs motion to remand.

Generally, 28 U.S.C. § 1447 (c) and (d) bar appellate review of a district…