Case: 12-1680 Document: 8 Page: 1 Filed: 12/27/2012

NOTE: This order is nonprecedential.

Wniteb ~tate~ (!Court of ~peaI~ for tbe jfeberaI (!Circuit

DAVID JACKSON, Plaintiff-Appellant, v. ERIC K. SHINSEKI, SECRETARY OF VETERANS AFFAIRS AND LYNETTE A. ROFF, DIRECTOR, VA EASTERN COLORADO HCS, Defendants-Appellees.

2012-1680

Appeal from the United States District Court for the District of Colorado in case no. 10-CV-2596, Judge Marcia S. Krieger.

Before NEWMAN, PROST, and WALLACH, Circuit Judges. PER CURIAM.

ON MOTION

ORDER Case: 12-1680 Document: 8 Page: 2 Filed: 12/27/2012

DAVID JACKSON V. SHINSEKI 2

The Secretary of Veterans Mfairs moves to dismiss this appeal for lack of jurisdiction. This appeal concerns an order of the United States District Court for the District of Colorado dismissing David Jackson's complaint alleging various claims regard- ing the Privacy Act against the Department of Veterans Mfairs and denying several motions including leave to replead. Because the district court's jurisdiction did not arise in whole or in part under the laws governing this court's limited appellate jurisdiction, we are without authority to entertain this appeal. Since the United States Court of Appeals for the Tenth Circuit has already received and docketed the matter, dismissal rather than transfer of the case pursuant to 28 U.S.C. § 1631 is ap- propriate. Accordingly, IT Is ORDERED THAT: (1) The motion to dismiss is granted. (2) Each side shall bear its own costs. (3) All other motions are denied as moot.

FOR THE COURT

/s/ Jan Horbaly Jan Horbaly Clerk

s26 DE_C_2_1_20_~2_:._ _ ISSUED AS A MANDATE: _ _