Mascorro v. City of San Diego

U.S. Court of Appeals for the Federal Circuit

Mascorro v. City of San Diego

Opinion

Case: 24-1497 Document: 8 Page: 1 Filed: 04/11/2024

NOTE: This order is nonprecedential.

United States Court of Appeals for the Federal Circuit ______________________

ELOY MASCORRO, Plaintiff-Appellant

v.

THE CITY OF SAN DIEGO, THE SAN DIEGO POLICE DEPARTMENT, THE SAN DIEGO CHIEF OF POLICE, OFFICERS 1-4, Defendants-Appellees ______________________

2024-1497 ______________________

Appeal from the United States District Court for the Southern District of California in No. 3:21-cv-01725-RSH- DDL, Judge Robert S. Huie. ______________________

Before CHEN, LINN, and HUGHES, Circuit Judges. PER CURIAM. ORDER Eloy Mascorro appeals from the United States District Court for the Southern District of California’s dismissal of his civil rights action against the listed defendants. In re- sponse to the court’s March 14, 2024 order to show cause, Mr. Mascorro urges transfer to the United States Court of Appeals for the Ninth Circuit. Case: 24-1497 Document: 8 Page: 2 Filed: 04/11/2024

2 MASCORRO v. CITY OF SAN DIEGO

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 § 1295(a)(4)(C); or cases involving certain damages claims against the United States “not ex- ceeding $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 out- side of that limited subject matter jurisdiction. We may transfer 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.” 28 U.S.C. § 1631. Here, the court con- cludes it appropriate to transfer to the Ninth Circuit. 28 U.S.C. §§ 41, 1291. 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

April 11, 2024 Date

Reference

Status
Unpublished