v. N. County Transit Dist., 292 F.3d 1049, 1062 (9th Cir.2002); Sherrod, 132 F.3d at 1117; Magruder v. Scope Servs., Inc., 287 F.Supp.2d 628, 630 (W.D.N.C.2003); Ayers, 918 F.Supp. at 146; Bearden v. PNS Stores, Inc., 894 F.Supp. 1418, 1424 (D.Nev.1995). Lunsford did not timely raise this defect in this case. Rather, the issue was raised sua sponte by the Magistrate Judge. The Fourth Circuit, along with all other circuits that have examined the issue, have held “that a district court is prohibited from remanding a case sua sponte based on a procedural defect absent a motion to do so from a party.” Ellenburg v. Spartan Motors Chassis, Inc., 519 F.3d 192, 198 (4th Cir.2008); accord Kelton Arms Condominium Owners Ass’n, Inc. v. Homestead Ins. Co., 346 F.3d 1190, 1193 (9th Cir.2003) (<HOLDING>); Whole Health Chiropractic & Wellness, Inc. v.
holding that the district court cannot remand sua sponte for defects in removal procedure holding that there should be a sua sponte remand for want of removal jurisdiction where the premise for removal of the state court proceeding was the state courts alleged violation of fourteenth amendment due process rights holding that the fourth circuit has jurisdiction to review a district courts sua sponte remand order even when that remand order is styled as a remand for lack of subject matter jurisdiction if the order was in fact based on the procedural insufficiency of the notice of removal recognizing that a district court may sua sponte dismiss a complaint for failure to serve after notice to the plaintiff holding that the district court had no right to apply the statute of limitations sua sponte because it had been waived