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

Brandenburg v. U.S. Department of State

Brandenburg v. U.S. Department of State
U.S. Court of Appeals for the Federal Circuit · Decided December 14, 2023

Brandenburg v. U.S. Department of State

Opinion

Case: 23-2259 Document: 23 Page: 1 Filed: 12/14/2023

NOTE: This order is nonprecedential.

United States Court of Appeals for the Federal Circuit ______________________ LEOPOLD R. BRANDENBURG, SR., Plaintiff-Appellant v. U.S. DEPARTMENT OF STATE, Defendant-Appellee ______________________ 2023-2259 ______________________ Appeal from the United States District Court for the District of Columbia in No. 1:22-cv-02120-BAH, Judge Beryl A. Howell. ______________________ Before PROST, HUGHES, and STOLL, Circuit Judges.

PER CURIAM.

ORDER Leopold R. Brandenburg, Sr. brought this action chal- lenging his separation from federal employment and the denial of a waiver from his obligation to pay back over $100,000 in unearned salary. The United States District Court for the District of Columbia dismissed his complaint.

Mr. Brandenburg has appealed that judgment to this court.

Having now considered the parties’ responses to this court’s show cause order, we transfer the case to the United Case: 23-2259 Document: 23 Page: 2 Filed: 12/14/2023

2 BRANDENBURG v. U.S. DEPARTMENT OF STATE

States Court of Appeals for the District of Columbia Cir- cuit.

This appeal does not fall within the limited authority that Congress granted this court to review decisions of fed- eral district courts. 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 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); 28 U.S.C. § 1292(c)(1); Bragg v. Keohane, 820 F.2d 402, 403–04 (Fed. Cir. 1987). And Mr. Brandenburg’s case does not fit into any of those categories. Accordingly, we transfer to the D.C. Circuit. See 28 U.S.C. §§ 1291, 1294(1); 28 U.S.C. § 1631.

Accordingly, IT IS ORDERED THAT: This appeal and all transmittals are transferred to the United States Court of Appeals for the District of Columbia Circuit pursuant to 28 U.S.C. § 1631.

FOR THE COURT

December 14, 2023 Date

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