Kelly-Fleming v. the City of Selma, Texas

U.S. Court of Appeals for the Federal Circuit

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NOTE: This order is nonprecedential.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Unpublished