Aquino v. Biden

U.S. Court of Appeals for the Federal Circuit

Aquino v. Biden

Opinion

Case: 24-1974 Document: 6 Page: 1 Filed: 11/12/2024

NOTE: This order is nonprecedential.

United States Court of Appeals for the Federal Circuit ______________________

PAUL ANTHONY AQUINO, Plaintiff-Appellant

v.

JOSEPH R. BIDEN, JR., Defendant-Appellee ______________________

2024-1974 ______________________

Appeal from the United States District Court for the Central District of California in No. 2:24-cv-03538-RGK- JPR, Judge R. Gary Klausner. ______________________

PER CURIAM. ORDER In response to this court’s August 27, 2024 show cause order, Joseph R. Biden, Jr. argues for dismissal or transfer, ECF No. 5. Paul Anthony Aquino has not responded. On April 30, 2024, Mr. Aquino sued the President of the United States, in his official capacity, seeking $98 bil- lion in damages for violating Title 18 of the United States Code and the Racketeer Influenced and Corrupt Organiza- tions Act. On May 1, 2024, the district court denied Mr. Aquino’s motion for leave to proceed in forma pauperis Case: 24-1974 Document: 6 Page: 2 Filed: 11/12/2024

2 AQUINO v. BIDEN

because “[t]he action is frivolous or malicious” and dis- missed the case with prejudice. Dkt. No. 8 at 1. On June 13, 2024, Mr. Aquino filed a notice of appeal directed to this court. This court’s jurisdiction to review district court cases is generally limited to cases involving 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); and cases involving 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). Mr. Aquino’s case plainly does not fall within that jurisdic- tion. Though the President argues for dismissal on frivo- lousness grounds, we deem it the better course to transfer to the United States Court of Appeals for the Ninth Circuit under 28 U.S.C. § 1631 for that court’s consideration. 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

November 12, 2024 Date

Reference

Status
Unpublished