Jones-Bey v. Chen
Jones-Bey v. Chen
Opinion
Case: 22-2019 Document: 10 Page: 1 Filed: 11/15/2022
NOTE: This order is nonprecedential.
United States Court of Appeals for the Federal Circuit ______________________
SISTER E. JONES-BEY, Plaintiff-Appellant
v.
PAMELA K. CHEN, MERRICK B. GARLAND, Attor- ney General, LETITIA JAMES, LOUIS L. STANTON, UNITED STATES, STATE OF NEW YORK, ADMINISTRATION FOR CHILDREN’S SERVICES, NEW YORK CITY POLICE DEPARTMENT, DEPARTMENT OF FINANCE, JOSEPHINE ANTOINE, GRISEL CABAN, (NFN) ANWANA, (NFN) EMMANUEL, DANA LACASSE, BRENDA RAMIREZ, BARBARA DANIELY, JAQUELINE D. WILLIAMS, ELIZABETH BARNETT, VANESSA WILLIAMS, RONNA GORDON-GLACHUS, ANDREA AMOA, PAUL M. HENSLEY, JOE MORGANO, DEANNA FLAHERTY, KELLI MUSE, ANDREW LEE, TIMOTHY MARSH, ABENA DARKEH, ALICIA FRISH, MICHAEL MANCILLA, MICHELLE GIGLIO, (NFN) TODDMAN, (NFN) GELLINEAU, (NFN) QUINTERO, (NFN) EPTISTEIN, SANDRINA OSBORN, (NFN) FITZGERALD, (NFN) SANTOS, (NFN) FERACEA, (NFN) RUSSELL, (NFN) ROKE, (NFN) BECKETT, (NFN) HILDALGO, (NFN) ALMONTE, (NFN) SOLOMON, (NFN) CANALES, (NFN) SHEA, JOSEPH SCHWARCZ, dba All Year Management, NATHAN SCHWARZ, dba All Year Management, ENRIQUE ‘RENE’ RIVERA, YOEL GOLDMAN, dba All Year Management, VICKNELL Case: 22-2019 Document: 10 Page: 2 Filed: 11/15/2022
2 JONES-BEY v. CHEN
POWELL, JANE POWELL, WILLIAM PIERCE, SHANTA PIERCE, Defendants-Appellees ______________________
2022-2019 ______________________
Appeal from the United States District Court for the Southern District of New York in No. 1:21-cv-06142-LTS, Judge Laura Taylor Swain. ______________________
PER CURIAM. ORDER In response to this court’s August 29, 2022, show cause order, the United States urges dismissal of this appeal ra- ther than transfer. Sister E. Jones-Bey moves for leave to proceed in forma pauperis and responds in favor of this court’s jurisdiction and consolidation with Appeal No. 2022-1965 *, or, failing that, requests transfer to the Su- preme Court of the United States. Ms. Jones-Bey’s complaint alleged various claims against 57 defendants, including civil rights violations, vi- olation of her constitutional rights, and conspiracy. She sought injunctive relief and over $250 million in damages. On September 17, 2021, the United States District Court for the Southern District of New York dismissed the com- plaint but allowed Ms. Jones-Bey the opportunity to re- plead certain claims. Ms. Jones-Bey appealed to the United States Court of Appeals for the Second Circuit,
* Appeal No. 2022-1965 was transferred on October 18, 2022, to the United States Court of Appeals for the Sec- ond Circuit. Case: 22-2019 Document: 10 Page: 3 Filed: 11/15/2022
JONES-BEY v. CHEN 3
which dismissed. Following the Second Circuit’s mandate, the district court entered final judgment dismissing the case after Ms. Jones-Bey failed to timely file an amended complaint. This appeal followed. Although this court possesses jurisdiction to review certain decisions of federal district courts, that jurisdiction is limited in a way that applies here: this court has juris- diction only over cases arising under the patent laws, see 28 U.S.C. § 1295(a)(1); civil actions on review to the district court from the United States Patent and Trademark Office, see § 1295(a)(4)(C); or certain damages claims against the United States “not exceeding $10,000 in amount,” 28 U.S.C. § 1346(a)(2), see 28 U.S.C.§ 1295(a)(2). Ms. Jones- Bey’s case falls outside of that limited jurisdiction. Although the government urges dismissal, we deem it the better course to transfer for the appropriate court to consider the issues raised in this appeal. That court would be the Second Circuit, not the Supreme Court. See 28 U.S.C. § 1251 et seq. Accordingly, IT IS ORDERED THAT: The appeal and all its filings are transferred to the United States Court of Appeals for the Second Circuit pur- suant to 28 U.S.C. § 1631. FOR THE COURT
November 15, 2022 /s/ Peter R. Marksteiner Date Peter R. Marksteiner Clerk of Court
Reference
- Status
- Unpublished