Mascorro v. San Diego County, Ca

U.S. Court of Appeals for the Federal Circuit

Mascorro v. San Diego County, Ca

Opinion

Case: 23-1974 Document: 6 Page: 1 Filed: 12/15/2023

NOTE: This order is nonprecedential.

United States Court of Appeals for the Federal Circuit ______________________

ELOY MASCORRO, Plaintiff-Appellant

v.

SAN DIEGO COUNTY, CA, THE SAN DIEGO SHERRIF'S DEPARTMENT, SAN DIEGO SHERIFF, SHERIFF DEPUTIES, JAIL STAFF, C.L.E.R.B., Defendants-Appellees ______________________

2023-1974 ______________________

Appeal from the United States District Court for the Southern District of California in No. 3:21-cv-02012-RSH- DDL, Judge Robert S. Huie. ______________________

Before PROST, HUGHES, and STOLL, Circuit Judges. PER CURIAM. ORDER Eloy Mascorro appeals from the United States District Court for the Southern District of California’s dismissal of his complaint asserting civil rights violations against Cali- fornia state entities. Because it appeared we lacked juris- diction, we directed the parties to show cause why this case should not be transferred or dismissed. In response, Mr. Case: 23-1974 Document: 6 Page: 2 Filed: 12/15/2023

2 MASCORRO v. SAN DIEGO COUNTY, CA

Mascorro requests transfer to the United States Court of Appeals for the Ninth Circuit, stating that was where he intended his appeal to be heard. ECF No. 5 at 3. 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). Lacking jurisdiction, we may transfer to an- other court where “the action or appeal could have been brought at the time it was filed.” 28 U.S.C. § 1631. Here, the appropriate court is the Ninth Circuit. 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

December 15, 2023 Date

Reference

Status
Unpublished