Sanford v. Franklin, Va

U.S. Court of Appeals for the Federal Circuit

Sanford v. Franklin, Va

Opinion

Case: 23-1028 Document: 29 Page: 1 Filed: 12/13/2022

NOTE: This order is nonprecedential.

United States Court of Appeals for the Federal Circuit ______________________

KENNETH L. SANFORD, Plaintiff-Appellant

v.

FRANKLIN, VA, SOUTHAMPTON COUNTY ADMINISTRATOR, SELECTIVE INSURANCE COMPANY OF AMERICA, Defendants-Appellees ______________________

2023-1028 ______________________

Appeal from the United States District Court for the Eastern District of Virginia in No. 3:21-cv-00046-MHL, Judge M. Hannah Lauck. ______________________

PER CURIAM. ORDER Kenneth L. Sanford sued Franklin, VA, the Southamp- ton County Administrator, and Selective Insurance Com- pany of America in the United States District Court for the Eastern District of Virginia for a variety of alleged civil rights violations. The case was dismissed with prejudice and Mr. Sanford filed a Notice of Appeal, which named the “U.S. Court of Appeals for the Federal Circuit.” The notice was initially transmitted to the United States Court of Case: 23-1028 Document: 29 Page: 2 Filed: 12/13/2022

2 SANFORD v. FRANKLIN, VA

Appeals for the Fourth Circuit, but, based on Mr. Sanford’s notice and his request that his notice be transmitted to us, the Fourth Circuit administratively closed that appeal. Appeal No. 22-2030, ECF No. 5 at 1 (4th Cir. Oct. 6, 2022). We lack jurisdiction over Mr. Sanford’s appeal. This court possesses jurisdiction over only certain appeals from federal district courts, including cases arising under the patent laws, see 28 U.S.C. §§ 1295(a)(1), 1295(a)(4)(C), and certain cases against the United States for claims “not ex- ceeding $10,000 in amount,” 28 U.S.C. § 1346(a)(2), see 28 U.S.C. § 1295(a)(2). None of these apply to Mr. Sanford’s case. When this court lacks jurisdiction over an appeal, it shall, “if it is in the interest of justice, transfer such . . . ap- peal” to a court “in which the . . . appeal could have been brought.” 28 U.S.C. § 1631. Although Mr. Sanford re- quests transfer to the United States Court of Appeals for the District of Columbia Circuit, there is no basis to con- clude this appeal could have been brought there; rather, the appropriate appellate court to review a final decision in Mr. Sanford’s case, filed in the Eastern District of Virginia, is the Fourth Circuit. See 28 U.S.C. §§ 41, 1291. Under the circumstances, where there is no charge of another ju- risdictional defect, we deem it the better course to transfer Mr. Sanford’s appeal to that court. Accordingly, Case: 23-1028 Document: 29 Page: 3 Filed: 12/13/2022

SANFORD v. FRANKLIN, VA 3

IT IS ORDERED THAT: The appeal and all filings are transferred to the United States Court of Appeals for the Fourth Circuit pursuant to 28 U.S.C. § 1631. FOR THE COURT

December 13, 2022 /s/ Peter R. Marksteiner Date Peter R. Marksteiner Clerk of Cout

Reference

Status
Unpublished