Case: 23-1060 Document: 12 Page: 1 Filed: 02/14/2023

NOTE: This order is nonprecedential.

United States Court of Appeals for the Federal Circuit ______________________

MARCO CABEZAS, Plaintiff-Appellant

v.

FLINT GROUP, LLC, Defendant-Appellee ______________________

2023-1060 ______________________

Appeal from the United States District Court for the Central District of California in No. 5:22-cv-01265-FLA- KK, Judge Fernando L. Aenlle-Rocha. ______________________

Before TARANTO, MAYER, and STOLL, Circuit Judges. TARANTO, Circuit Judge. ORDER In response to this court’s December 5, 2022, order to show cause, Flint Group, LLC urges dismissal of this ap- peal. Marco Cabezas has not responded. Mr. Cabezas brought this suit against Flint Group as- serting violations of various employment laws. The United States District Court for the Central District of California granted Flint Group’s motion to dismiss the complaint without prejudice in an order dated August 18, 2022. ECF Case: 23-1060 Document: 12 Page: 2 Filed: 02/14/2023

2 CABEZAS v. FLINT GROUP, LLC

No. 1-2 at 6–7. The district court received Mr. Cabezas’s notice of appeal on October 17, 2022. Mr. Cabezas’s appeal does not fall within the limited authority that Congress granted to this court to review de- cisions of federal district courts under 28 U.S.C. § 1295(a). That jurisdiction extends only to cases arising under the patent laws, see 28 U.S.C. § 1295(a)(1); civil actions on re- view 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). This case does not fall into any of those categories. While Flint Group urges dismissal, under the circum- stances, we deem it the better course to transfer the case pursuant to 28 U.S.C. § 1631 to the United States Court of Appeals for the Ninth Circuit, which may consider, for ex- ample, timeliness of the appeal in light of the apparent lack of entry of a separate judgment following the district court’s August 18, 2022, dismissal order. See Fed. R. App. P. 4(a)(1)(A) & (7)(A)(ii) (together setting 180-day deadline to file notice of appeal from a final decision when no sepa- rate document required under Fed. R. Civ. P. 58(a) is en- tered). Accordingly, IT IS ORDERED THAT: The appeal and all its filings are transferred to the United States Court of Appeals for the Ninth Circuit pur- suant to 28 U.S.C. § 1631. FOR THE COURT

February 14, 2023 /s/ Peter R. Marksteiner Date Peter R. Marksteiner Clerk of Court