Kelly-Fleming v. the City of Selma, Texas
Kelly-Fleming v. the City of Selma, Texas
Opinion
Case: 14-1231 Document: 4 Page: 1 Filed: 03/13/2014
NOTE: This order is nonprecedential.
United States Court of Appeals for the Federal Circuit ______________________
DUSTI KELLY-FLEMING, JOHN FLEMING, AND TECLARC, INC., Plaintiffs-Appellants,
v.
THE CITY OF SELMA, TEXAS, Defendant-Appellee. ______________________
2014-1231 ______________________
Appeal from the United States District Court for the Western District of Texas in No. 5:10-cv-00675-XR, Judge Xavier Rodriguez. ______________________
PER CURIAM. ORDER The court considers whether this appeal should be transferred to the United States Court of Appeals for the Fifth Circuit. This is an appeal of an action asserting violation of the plaintiffs’ rights under Title II of the Americans with Disabilities Act, 42 U.S.C. § 12131 et seq. This court is a court of limited jurisdiction, which does not appear to include jurisdiction in this matter. Case: 14-1231 Document: 4 Page: 2 Filed: 03/13/2014
2 KELLY-FLEMING v. THE CITY OF SELMA, TEXAS
28 U.S.C. § 1295. Rather, it appears the proper forum would be the United States Court of Appeals for the Fifth Circuit. Accordingly, IT IS ORDERED THAT: (1) The parties are directed to respond within 21 days of the date of filing of this order, as to why this appeal should not be transferred to the United States Court of Appeals for the Fifth Circuit. (2) The briefing schedule is stayed. FOR THE COURT
/s/ Daniel E. O’Toole Daniel E. O’Toole Clerk of Court s25
Reference
- Status
- Unpublished