Hyde Rhodes v. Wilcox

U.S. Court of Appeals for the Federal Circuit

Hyde Rhodes v. Wilcox

Opinion

Case: 24-1224 Document: 12 Page: 1 Filed: 02/22/2024

NOTE: This order is nonprecedential.

United States Court of Appeals for the Federal Circuit ______________________

KIM HYDE RHODES, Plaintiff-Appellant

v.

JUDGE JEFFREY WILCOX, JUDGE JAY WINWARD, STATE OF UTAH, Defendants-Appellees ______________________

2024-1224 ______________________

Appeal from the United States District Court for the District of Utah in No. 4:23-cv-00077-DN, Senior Judge Da- vid Nuffer. -------------------------------------------------

KIM HYDE RHODES, Plaintiff-Appellant

v.

IDAHO HEALTH WELFARE, MAGISTRATE JUDGE ROBERT CROWLEY, JIM MASON, Casa 7, JUDGE STEVAN THOMPSON, Defendants-Appellees ______________________

2024-1225 Case: 24-1224 Document: 12 Page: 2 Filed: 02/22/2024

2 HYDE RHODES v. WILCOX

______________________

Appeal from the United States District Court for the District of Utah in No. 4:23-cv-00078-DN, Senior Judge Da- vid Nuffer. ------------------------------------------------

KIM HYDE RHODES, Plaintiff-Appellant

v.

TED BARNEY, KAYLA CORPENBARGER, Defendants-Appellees ______________________

2024-1226 ______________________

Appeal from the United States District Court for the District of Utah in No. 4:23-cv-00079-DN, Senior Judge Da- vid Nuffer. ------------------------------------------------

KIM HYDE RHODES, Plaintiff-Appellant

v.

JUDGE JEFFREY WILCOX, JUDGE JAY WINWARD, Defendants-Appellees ______________________

2024-1227 ______________________ Case: 24-1224 Document: 12 Page: 3 Filed: 02/22/2024

HYDE RHODES v. WILCOX 3

Appeal from the United States District Court for the District of Utah in No. 4:23-cv-00083-DN, Senior Judge Da- vid Nuffer. ------------------------------------------------

KIM HYDE RHODES, Plaintiff-Appellant

v.

ROBERT HORN, JEFFREY C. WILCOX, WASHINGTON COUNTY SHERIFF’S OFFICE, FEDERAL BUREAU OF INVESTIGATION, US DOJ, Defendants-Appellees ______________________

2024-1228 ______________________

Appeal from the United States District Court for the District of Utah in No. 4:23-cv-00084-DN, Senior Judge Da- vid Nuffer. ------------------------------------------------

KIM HYDE RHODES, Plaintiff-Appellant

v.

JUDGE JEFFREY WILCOX, JUDGE JAY WINWARD, STATE OF UTAH, Defendants-Appellees ______________________

2024-1229 ______________________ Case: 24-1224 Document: 12 Page: 4 Filed: 02/22/2024

4 HYDE RHODES v. WILCOX

Appeal from the United States District Court for the District of Utah in No. 4:23-cv-00085-DN, Senior Judge Da- vid Nuffer. ______________________

PER CURIAM. ORDER The court has received no response to its December 28, 2023 order regarding whether these appeals should be dis- missed or transferred. We now dismiss. In the complaint underlying Appeal No. 2024-1228, Kim Hyde Rhodes sought $500,000 in damages from, among others, United States agencies. Her other com- plaints giving rise to these appeals sought relief in connec- tion with domestic matters against state entities or individuals. The district court dismissed the cases. Ms. Hyde Rhodes filed a notice of appeal for each case. The notices were then transmitted to the United States Court of Appeals for the Tenth Circuit, and Ms. Hyde Rhodes sub- sequently filed a second set of appeals directed to this court. * These appeals do 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); and civil actions 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);

* The Tenth Circuit dismissed the appeals for lack of prosecution and issued mandate on February 9, 2024. Case: 24-1224 Document: 12 Page: 5 Filed: 02/22/2024

HYDE RHODES v. WILCOX 5

28 U.S.C. § 1292(c)(1). None of Ms. Hyde Rhodes’s cases falls within that limited jurisdiction. When this court lacks jurisdiction, 28 U.S.C. § 1631 provides that the court may, if it is in the interest of justice, transfer an appeal to the appropriate regional circuit that has jurisdiction. Here, however, the court finds that trans- fer would not be in the interest of justice because Ms. Hyde Rhodes’s identical appeals have already been before the Tenth Circuit and were dismissed. Accordingly, IT IS ORDERED THAT: (1) The appeals are dismissed. (2) Each side to bear its own costs. FOR THE COURT

February 22, 2024 Date

Reference

Status
Unpublished