Sanchez v. Bell

U.S. Court of Appeals for the Federal Circuit

Sanchez v. Bell

Opinion

Case: 24-1518 Document: 13 Page: 1 Filed: 05/20/2024

NOTE: This order is nonprecedential.

United States Court of Appeals for the Federal Circuit ______________________

JORGE SANCHEZ, Plaintiff-Appellant

v.

TIFFANY BELL, Officer, SHAWDE CALLENDER, Lieutenant, Defendants-Appellees ______________________

2024-1518 ______________________

Appeal from the United States District Court for the District of Connecticut in No. 3:22-cv-01087-SVN, Judge Sarala V. Nagala. ______________________ PER CURIAM.

ORDER In response to this court’s March 19, 2024 show cause order, appellees urge dismissal while Jorge Sanchez ap- pears to argue in favor of this court’s jurisdiction. On February 12, 2024, the district court entered judg- ment against Mr. Sanchez on his claims under the Ameri- cans with Disabilities Act, the Rehabilitation Act, and the First and Eighth Amendments to the U.S. Constitution. On February 15, 2024, Mr. Sanchez filed a notice of appeal Case: 24-1518 Document: 13 Page: 2 Filed: 05/20/2024

2 SANCHEZ v. BELL

directed to this court, and, on February 29, 2024, he filed a notice of appeal to the United States Court of Appeals for the Second 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); and 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). Mr. Sanchez’s appeal falls outside of that limited subject matter jurisdic- tion. Dismissal, rather than transfer, is appropriate be- cause Mr. Sanchez has already filed an appeal from the same judgment with the Second Circuit, see 28 U.S.C. §§ 41, 1291, 1294. Accordingly, IT IS ORDERED THAT: (1) The appeal is dismissed for lack of jurisdiction. (2) All pending motions are denied. (3) Each party shall bear its own costs. FOR THE COURT

May 20, 2024 Date

Reference

Status
Unpublished