Atiyeh v. Vara
Atiyeh v. Vara
Opinion
Case: 22-1781 Document: 9 Page: 1 Filed: 09/14/2022
NOTE: This order is nonprecedential.
United States Court of Appeals for the Federal Circuit ______________________
DENNIS J. ATIYEH, Plaintiff-Appellant
v.
ANDREW R. VARA, United States Trustee for Re- gion 3 and 9, Defendant-Appellee ______________________
2022-1781 ______________________
Appeal from the United States District Court for the Eastern District of Pennsylvania in No. 5:21-cv-02381- CMR, Judge Cynthia M. Rufe. ______________________
Before LOURIE, CHEN, and STARK, Circuit Judges. PER CURIAM. ORDER In response to this court’s July 7, 2022, order to show cause, Dennis J. Atiyeh responds in favor of this court’s ju- risdiction over his appeal. The United States Trustee for Region 3 and 9 urges dismissal for lack of jurisdiction. Mr. Atiyeh appeals from the final judgment of the United States District Court for the Eastern District of Pennsylvania in the underlying case concerning the Case: 22-1781 Document: 9 Page: 2 Filed: 09/14/2022
2 ATIYEH v. VARA
dismissal of his bankruptcy proceeding. Mr. Atiyeh timely filed a notice of appeal on May 2, 2022, which was docketed both in this court and in the United States Court of Appeals for the Third Circuit, Atiyeh v. Vara, No. 22-1848 (3d Cir. May 3, 2022). The appeal currently remains pending in the Third Circuit. Although this court possesses jurisdiction to review certain final decisions of district courts, that jurisdiction is limited in a way that applies here: This court has jurisdic- tion only over district court cases arising under the patent laws, see 28 U.S.C. § 1295(a)(1); decisions under 28 U.S.C. § 1295(a)(4)(C); or certain cases against the United States for claims “not exceeding $10,000 in amount,” 28 U.S.C. § 1346(a)(2), see 28 U.S.C. § 1295(a)(2). This matter does not fall within that limited jurisdiction. While this court may generally transfer to another court where the matter could have been filed, 28 U.S.C. § 1631, Mr. Atiyeh’s appeal of the same judgment is al- ready pending in the appropriate court—the Third Circuit. And thus, there is no reason to transfer the case. Accordingly, IT IS ORDERED THAT: The appeal is dismissed. FOR THE COURT
September 14, 2022 /s/ Peter R. Marksteiner Date Peter R. Marksteiner Clerk of Court
Reference
- Status
- Unpublished