Randleman v. Firelands Habitat for Humanity, Inc.

U.S. Court of Appeals for the Federal Circuit

Randleman v. Firelands Habitat for Humanity, Inc.

Opinion

Case: 24-1813 Document: 15 Page: 1 Filed: 07/22/2024

NOTE: This order is nonprecedential.

United States Court of Appeals for the Federal Circuit ______________________

TONYA L. RANDLEMAN, Plaintiff-Appellant

v.

FIRELANDS HABITAT FOR HUMANITY, INC., Defendant-Appellee ______________________

2024-1813 ______________________

Appeal from the United States District Court for the Northern District of Ohio in No. 3:24-cv-00760-JJH, Judge Jeffrey J. Helmick. ______________________

Before PROST, TARANTO, and HUGHES, Circuit Judges. PER CURIAM. ORDER The court considers the parties’ responses to the May 23, 2024 order to show cause. Firelands Habitat for Humanity filed a foreclosure ac- tion against Ms. Randleman in a state court in Ohio. Ms. Randleman removed the action to the United States Dis- trict Court for the Northern District of Ohio, but that court later issued an order remanding the case to state court, ex- plaining the court “lacks original jurisdiction over the Case: 24-1813 Document: 15 Page: 2 Filed: 07/22/2024

2 RANDLEMAN v. FIRELANDS HABITAT FOR HUMANITY, INC.

foreclosure action” because “[t]he foreclosure action filed by Firelands Habitat for Humanity in state court was based on state law” and Ms. Randleman’s “[f]ederal counter- claims and defenses are inadequate to confer federal juris- diction.” ECF No. 1-2 at 9–10 (citation omitted). Our jurisdiction to review decisions of federal district courts generally extends only to cases arising under the pa- tent 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 28 U.S.C. § 1295(a)(4)(C); or cases involving certain damages claims against the United States “not exceeding $10,000 in amount,” 28 U.S.C. § 1346(a)(2); see also 28 U.S.C. § 1295(a)(2); 28 U.S.C. § 1292(c)(1). This case is outside of that limited subject matter jurisdiction. Though Firelands Habitat for Humanity urges dismis- sal, we deem it the better course to transfer pursuant to 28 U.S.C. § 1631 to the United States Court of Appeals for the Sixth Circuit, which can address Firelands Habitat for Hu- manity’s contentions regarding delay and whether appel- late review is precluded under 28 U.S.C. § 1447(d). Accordingly, IT IS ORDERED THAT: This appeal and all its filings are transferred to the United States Court of Appeals for the Sixth Circuit pur- suant to 28 U.S.C. 1631. FOR THE COURT

July 22, 2024 Date

Reference

Status
Unpublished