Finn v. State of New York

Case: 23-1108 Document: 6 Page: 1 Filed: 01/30/2023

NOTE: This order is nonprecedential.

United States Court of Appeals for the Federal Circuit

______________________

GEORGE H. FINN,

Plaintiff-Appellant v.

STATE OF NEW YORK, HINMAN HOWARD & KATTELL, LLC, KATHERINE A. FITZGERALD, HARVEY SHAPIRO, NELSON F. MIGDAL, RONALD

SCHIESS, BRUCE W. SNYDER, DELTA ENGINEERS, ARCHITECTS, & LAND SURVEYORS,

PC, JENEE RASMUSSEN-GREEN, RONALD GREEN, RASMUSSEN LAND SURVEY PLLC,

Defendants-Appellees ______________________

2023-1108 ______________________

Appeal from the United States District Court for the Northern District of New York in No. 3:22-cv-00721-DNH- ML, Judge David N. Hurd.

______________________

PER CURIAM.

ORDER

In response to this court’s November 21, 2022, show cause order, George H. Finn argues in favor of this court’s jurisdiction. Appellees have not responded.

Case: 23-1108 Document: 6 Page: 2 Filed: 01/30/2023 2 FINN v. STATE OF NEW YORK

This case involves a land dispute in which Mr. Finn has alleged various civil rights and criminal violations. After the United States District Court for the Northern District of New York dismissed his complaint, Mr. Finn filed a no- tice of appeal seeking review in this court.

Mr. Finn’s appeal does not come within the limited au- thority that Congress granted this court to review decisions of federal district courts under 28 U.S.C. § 1295(a). That jurisdiction extends only over cases arising under the pa- tent 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). Mr. Finn’s case does not fall into any of these categories, as his complaint does not assert claims against the United States (the defendants are the State of New York and sev- eral private individuals and entities).

This court, under 28 U.S.C. § 1631, shall, if in the in- terest of justice, transfer an appeal to another court where it could have been brought at the time it was filed. Here, that court is the United States Court of Appeals for the Sec- ond Circuit.

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 January 30, 2023 /s/ Peter R. Marksteiner

Date Peter R. Marksteiner

Clerk of Court