Jeanpierre v. United States

Case: 22-1389 Document: 9 Page: 1 Filed: 04/18/2022

NOTE: This order is nonprecedential.

United States Court of Appeals for the Federal Circuit

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LAWRENCE RASHUAN JEANPIERRE,

Petitioner v.

UNITED STATES,

Respondent ______________________ 2022-1389 ______________________

Appeal from the Board of Correction for Army Records in No. AR20170008831.

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ON MOTION

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Before PROST, REYNA, and CUNNINGHAM, Circuit Judges. PER CURIAM.

ORDER

Responding to the court’s February 17, 2022, order to show cause, the United States urges dismissal of this ap- peal from a decision of the Board of Correction for Army Records (the “Board”). Lawrence Rashuan JeanPierre sub- mits a motion for leave to proceed in forma pauperis but has not responded to the order to show cause.

Case: 22-1389 Document: 9 Page: 2 Filed: 04/18/2022 2 JEANPIERRE v. US

This court’s limited subject matter jurisdiction does not extend to appeals directly from the Board. 28 U.S.C. § 1295. When this court lacks jurisdiction, it may, under 28 U.S.C. § 1631, transfer a case to another court where it could have been brought. While the United States indi- cates that the United States Court of Federal Claims would have jurisdiction over this matter generally, it urges dis- missal on the ground that the applicable statute of limita- tions would bar any claim before the Court of Federal Claims. We deem it the better course to transfer the case to the Court of Federal Claims to make a determination as to the application of the statute of limitations in the first instance.

Accordingly, IT IS ORDERED THAT:

Pursuant to 28 U.S.C. § 1631, this case and all trans- mittals are transferred to the United States Court of Fed- eral Claims.

FOR THE COURT April 18, 2022 /s/ Peter R. Marksteiner

Date Peter R. Marksteiner

Clerk of Court