Case: 22-152 Document: 35 Page: 1 Filed: 09/14/2022

NOTE: This order is nonprecedential.

United States Court of Appeals for the Federal Circuit ______________________

LEORA TUCKER, Plaintiff-Petitioner

v.

TRANS UNION LLC, EXPERIAN INFORMATION SOLUTIONS, INC., IC SYSTEM, INC., Defendants-Respondents ______________________

2022-152 ______________________

On Petition for Permission to Appeal pursuant to 28 U.S.C. Section 1292(b) from the United States District Court for the Eastern District of Pennsylvania in No. 2:21- cv-01215-WB, Judge Wendy Beetlestone. ______________________

ON PETITION ______________________

PER CURIAM. ORDER On June 2, 2022, Leora Tucker filed this “Petition for Permission to Appeal and Review” from orders of the United States District Court for the Eastern District of Pennsylvania. In response to this court’s June 23, 2022, show cause order, Experian Information Solutions, Inc., IC Case: 22-152 Document: 35 Page: 2 Filed: 09/14/2022

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System, Inc., * and Brent F. Vullings, Esq. (collectively, “Re- spondents”) urge dismissal. Ms. Tucker’s response argues that this court has jurisdiction. We agree with Respondents that this court lacks juris- diction over this case. This court has jurisdiction only over certain types of district court cases, including those arising under the patent laws, see 28 U.S.C. § 1295(a)(1); or under § 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). Ms. Tucker’s case, which concerns claims of defamation and violations of the Fair Credit Reporting Act and the Fair Debt Collection Practices Act, does not fall within our jurisdiction. Inasmuch as Ms. Tucker’s petition can be read as re- questing transfer to the United States Court of Federal Claims, Pet. at 4, that request also cannot establish our ju- risdiction here. While this court has jurisdiction over an appeal from an interlocutory order of a district court grant- ing or denying a motion to transfer to the Court of Federal Claims, 28 U.S.C. § 1292(d)(4)(A), the district court has not issued any such order. Moreover, even if Ms. Tucker had moved for such a transfer, the case could not be heard in the Court of Federal Claims because she does not assert claims against the United States. This court, if lacking jurisdiction, may, if it is in the interest of justice, transfer to a court that would have ju- risdiction. 28 U.S.C. § 1631. Here, however, transfer to the United States Court of Appeals for the Third Circuit would be futile. Section 1292(b) of title 28 of the U.S. Code authorizes a court of appeals to permit an appeal of an in- terlocutory order only after the district court has certified

* IC System, Inc.’s response was filed one day late. The court construes the filing as a request to file a response out of time and grants the request. Case: 22-152 Document: 35 Page: 3 Filed: 09/14/2022

TUCKER v. TRANS UNION LLC 3

that the appeal presents a controlling question of law as to which there is substantial ground for difference of opinion and that an immediate appeal from the order may materi- ally advance the ultimate termination of the litigation. Here, no such certification was issued; therefore, no appeal can be brought under section 1292(b). See Aleut Tribe v. United States, 702 F.2d 1015, 1019 (Fed. Cir. 1983) (cita- tion omitted). The only conceivable basis for the Third Circuit’s juris- diction would be that Ms. Tucker identified in her petition certain orders denying in forma pauperis (“IFP”) status, which are generally immediately appealable. See Roberts v. U.S. Dist. Ct. for the N. Dist. of Cal., 339 U.S. 844, 845 (1950). However, the Third Circuit has now resolved all of those issues on duplicative appeals filed by Ms. Tucker. See Tucker v. Trans Union LLC, No. 22-1180 (3d Cir. Mar. 2, 2022) (granting leave to proceed IFP ) and Tucker v. Trans Union LLC, No. 22-1180 (3d Cir. Aug. 8, 2022) (deny- ing rehearing of the decision to dismiss the appeal for lack of jurisdiction); see also Tucker v. Trans Union LLC, No. 22-1876 (3d Cir. July 13, 2022) (taking no action on the mo- tion for leave to proceed IFP because “the fees have been paid in this matter”) and Tucker v. Trans Union LLC, No. 22-1876 (3d Cir. Aug. 10, 2022) (dismissing the appeal for lack of jurisdiction). Accordingly, IT IS ORDERED THAT: (1) IC System’s response (ECF No. 23) is accepted for filing. (2) The petition is dismissed. (3) All pending motions are denied as moot. Case: 22-152 Document: 35 Page: 4 Filed: 09/14/2022

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(4) Each side shall bear its own costs. FOR THE COURT

September 14, 2022 /s/ Peter R. Marksteiner Date Peter R. Marksteiner Clerk of Court