Case: 23-1946 Document: 11 Page: 1 Filed: 10/18/2023

NOTE: This order is nonprecedential.

United States Court of Appeals for the Federal Circuit ______________________

PATRICK LONNELL SHERMAN, Plaintiff-Appellant

v.

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS, Defendant-Appellee

DOES, Defendant ______________________

2023-1946 ______________________

Appeal from the United States District Court for the Eastern District of Arkansas in No. 4:23-cv-00304-BSM, Judge Brian S. Miller. ______________________

Before REYNA, TARANTO, and HUGHES, Circuit Judges. PER CURIAM. ORDER In response to this court’s July 31, 2023, order to show cause, the appellee urges dismissal. Patrick Lonnell Sher- man has not responded. Case: 23-1946 Document: 11 Page: 2 Filed: 10/18/2023

2 SHERMAN v. U.S. DISTRICT COURT EASTERN DISTRICT OF ARKANSAS

Mr. Sherman, who is currently incarcerated, filed a complaint at the United States District Court for the East- ern District of Arkansas, seeking $100,000,000 and assert- ing fraud, discrimination, and claims relating to the Prison Litigation Reform Act. The district court denied Mr. Sher- man’s motion for leave to proceed in forma pauperis and dismissed his complaint without prejudice for failure to pay the filing fee. Mr. Sherman first filed a notice of appeal seeking review at the United States Court of Appeals for the Eighth Circuit, which was docketed at that court as Ap- peal No. 23-2185. Mr. Sherman then filed another notice of appeal seeking review of the same rulings at this court. Mr. Sherman’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 generally extends to 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 dam- ages 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 involve such subject mat- ter. While this court has authority to transfer a case under 28 U.S.C. § 1631 to a court that would have jurisdiction, Mr. Sherman has already filed an appeal of the district court order with the Eighth Circuit, so transfer here is un- necessary. Accordingly, IT IS ORDERED THAT: (1) The appeal is dismissed. (2) All pending motions are denied. Case: 23-1946 Document: 11 Page: 3 Filed: 10/18/2023

SHERMAN v. U.S. DISTRICT COURT EASTERN DISTRICT OF 3 ARKANSAS

(3) Each side shall bear its own costs. FOR THE COURT

October 18, 2023 /s/ Jarrett B. Perlow Date Jarrett B. Perlow Clerk of Court