Saphilom v. Newrez LLC
Saphilom v. Newrez LLC
Opinion
Case: 24-2060 Document: 21 Page: 1 Filed: 08/21/2024
NOTE: This order is nonprecedential.
United States Court of Appeals for the Federal Circuit ______________________ KEOLATTANA TOOTOO SAPHILOM, Plaintiff-Appellant v. NEWREZ LLC, SHELLPOINT MORTGAGE SERVICES, Defendants-Appellees ______________________ 2024-2060 ______________________ Appeal from the United States District Court for the Western District of Virginia in No. 3:24-cv-00008-NKM- JCH, Senior Judge Norman K. Moon. ______________________ ON MOTION ______________________ Before LOURIE, CUNNINGHAM, and STARK, Circuit Judges.
PER CURIAM.
ORDER Keolattana Tootoo Saphilom appeals from the district court’s judgment dismissing her complaint in this foreclo- sure action. She moves for leave to proceed in forma pau- peris. The appellees move to dismiss for lack of Case: 24-2060 Document: 21 Page: 2 Filed: 08/21/2024
2 SAPHILOM v. NEWREZ LLC
jurisdiction. Ms. Saphilom responds, asking “this court to deny [the] motion to dismiss,” to “transfer to the appropri- ate jurisdiction if this jurisdiction is not appropriate,” and to grant a “stay pending appeal.” ECF No. 19 at 3.
Our jurisdiction to review decisions of federal district courts extends only to cases arising under the patent laws, see 28 U.S.C. § 1295(a)(1); civil actions on review to the dis- trict court from the United States Patent and Trademark Office, see § 1295(a)(4)(C); or cases involving 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); 28 U.S.C. § 1292(c)(1). This case is outside of that limited subject matter jurisdiction.
We may transfer a civil action to another court, if it is in the interest of justice, where “the action or appeal could have been brought at the time it was filed.” See 28 U.S.C. § 1631. Although the appellees argue that this case should be dismissed on frivolousness grounds, we deem it the bet- ter course to transfer this appeal to the United States Court of Appeals for the Fourth Circuit for that court to consider appellant’s arguments regarding the merits.
Accordingly, IT IS ORDERED THAT: The appeal and all its filings are transferred to the United States Court of Appeals for the Fourth Circuit pur- suant to 28 U.S.C. § 1631.
FOR THE COURT
August 21, 2024 Date
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