B. K. v. Santa Monica-Malibu School District
B. K. v. Santa Monica-Malibu School District
Opinion
Case: 24-1594 Document: 6 Page: 1 Filed: 05/28/2024
NOTE: This order is nonprecedential.
United States Court of Appeals for the Federal Circuit ______________________
B. K., a minor, by and through his guardian ad li- tem, and parent, Aydin Kocataskin, AYDIN KOCATASKIN, as guardian ad litem, and parent for minor, B.K., Plaintiffs-Appellants
v.
SANTA MONICA-MALIBU UNIFIED SCHOOL DISTRICT, COLEEN DAVENPORT, ANTONIO SHELTON, JON KEAN, SANTA MONICA-MALIBU SCHOOL BOARD, an administrative body, Defendants-Appellees ______________________
2024-1594 ______________________
Appeal from the United States District Court for the Central District of California in No. 2:23-cv-05032-SPG- MAA, Judge Sherilyn Peace Garnett. ______________________
Before LOURIE, DYK, and REYNA, Circuit Judges. DYK, Circuit Judge. ORDER Appellants appeal from the United States District Court for the Central District of California’s judgment Case: 24-1594 Document: 6 Page: 2 Filed: 05/28/2024
2 B. K. v. SANTA MONICA-MALIBU SCHOOL DISTRICT
dismissing their complaint alleging various state claims and civil rights and constitutional violations. In light of the subject matter of the underlying case, this court di- rected the parties to show cause why this court has juris- diction over the appeal. Neither party has responded. We determine that this case should be transferred to the United States Court of Appeals for the Ninth Circuit. 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). This case is outside of that limited sub- ject matter jurisdiction. We conclude it is appropriate pur- suant to 28 U.S.C. § 1631 to transfer this appeal to where it “could have been brought at the time it was filed,” in this instance the Ninth Circuit. 28 U.S.C. §§ 41, 1291, 1294. 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
May 28, 2024 Date
Reference
- Status
- Unpublished