Wicks v. Metropolitan Life Insurance Co.

U.S. Court of Appeals for the Federal Circuit

Wicks v. Metropolitan Life Insurance Co.

Opinion

Case: 23-2400 Document: 17 Page: 1 Filed: 12/14/2023

NOTE: This order is nonprecedential.

United States Court of Appeals for the Federal Circuit ______________________

FONDA WICKS, Plaintiff-Appellant

v.

METROPOLITAN LIFE INSURANCE CO., Defendant-Appellee ______________________

2023-2400 ______________________

Appeal from the United States District Court for the Northern District of Texas in No. 4:21-cv-01275-O, Judge Reed O’Connor. ______________________

ON MOTION ______________________

Before PROST, HUGHES, and STOLL, Circuit Judges. PER CURIAM. ORDER Fonda Wicks moves unopposed to transfer her appeal from the judgment of the United States District Court for the Northern District of Texas denying her claims for death benefits under her late husband’s insurance plan. Case: 23-2400 Document: 17 Page: 2 Filed: 12/14/2023

2 WICKS v. METROPOLITAN LIFE INSURANCE CO.

We agree that this appeal does not fall within the lim- ited authority that Congress granted this court to review decisions of federal district courts. See generally 28 U.S.C. § 1295. Lacking jurisdiction, we may transfer to another court where “the action or appeal could have been brought at the time it was filed.” 28 U.S.C. § 1631. Here, as Ms. Wicks correctly notes, the appropriate court is the United States Court of Appeals for the Fifth Circuit. Accordingly, IT IS ORDERED THAT: The motion is granted. This appeal and all transmit- tals are transferred to the United States Court of Appeals for the Fifth Circuit pursuant to 28 U.S.C. § 1631. FOR THE COURT

December 14, 2023 Date

Reference

Status
Unpublished