U.S. Court of Appeals for the Federal Circuit, 2023

Shultz v. Epa

Shultz v. Epa
U.S. Court of Appeals for the Federal Circuit · Decided March 2, 2023

Shultz v. Epa

Opinion

Case: 23-1285 Document: 18 Page: 1 Filed: 03/02/2023

NOTE: This order is nonprecedential.

United States Court of Appeals for the Federal Circuit ______________________ SUSAN SHULTZ, Petitioner v. ENVIRONMENTAL PROTECTION AGENCY, Respondent ______________________ 2023-1285 ______________________ Appeal from the Environmental Protection Agency in No. AX-22-000-5703. ______________________ ON MOTION ______________________ Before DYK, REYNA, and CHEN, Circuit Judges.

PER CURIAM.

ORDER Susan Shultz moves for leave to proceed in forma pau- peris (ECF Nos. 3 and 8) and for “immediate relief” (ECF Nos. 9 and 10). The Environmental Protection Agency (“EPA”) submits a “stipulated dismissal” (ECF No. 13), but in response to this court’s January 30, 2023, order, Ms. Shultz, without addressing the stipulation, urges us to Case: 23-1285 Document: 18 Page: 2 Filed: 03/02/2023

2 SHULTZ v. EPA

retain jurisdiction over her case and submits a “writ of as- sistance” (ECF No. 17).

Ms. Shultz’s appeal from a letter of the EPA in re- sponse to her request for a site assessment does not fall within the limited jurisdiction that Congress granted to this court under 28 U.S.C. § 1295 or otherwise. While 28 U.S.C. § 1631 authorizes this court to transfer a case, we are not convinced that the requirements under that provi- sion have been met here.

Accordingly, IT IS ORDERED THAT: (1) This case is dismissed. (2) All pending motions are denied as moot.

FOR THE COURT March 2, 2023 /s/ Peter R. Marksteiner Date Peter R. Marksteiner Clerk of Court

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