Case: 23-1028 Document: 29 Page: 1 Filed: 12/13/2022
NOTE: This order is nonprecedential.
United States Court of Appeals
for the Federal Circuit
______________________
KENNETH L. SANFORD,
Plaintiff-Appellant
v.
FRANKLIN, VA, SOUTHAMPTON COUNTY
ADMINISTRATOR, SELECTIVE INSURANCE
COMPANY OF AMERICA,
Defendants-Appellees
______________________
2023-1028
______________________
Appeal from the United States District Court for the
Eastern District of Virginia in No. 3:21-cv-00046-MHL,
Judge M. Hannah Lauck.
______________________
PER CURIAM.
ORDER
Kenneth L. Sanford sued Franklin, VA, the Southamp-
ton County Administrator, and Selective Insurance Com-
pany of America in the United States District Court for the
Eastern District of Virginia for a variety of alleged civil
rights violations. The case was dismissed with prejudice
and Mr. Sanford filed a Notice of Appeal, which named the
“U.S. Court of Appeals for the Federal Circuit.” The notice
was initially transmitted to the United States Court of
Case: 23-1028 Document: 29 Page: 2 Filed: 12/13/2022
2 SANFORD v. FRANKLIN, VA
Appeals for the Fourth Circuit, but, based on Mr. Sanford’s
notice and his request that his notice be transmitted to us,
the Fourth Circuit administratively closed that appeal.
Appeal No. 22-2030, ECF No. 5 at 1 (4th Cir. Oct. 6, 2022).
We lack jurisdiction over Mr. Sanford’s appeal. This
court possesses jurisdiction over only certain appeals from
federal district courts, including cases arising under the
patent laws, see
28 U.S.C. §§ 1295(a)(1), 1295(a)(4)(C), and
certain cases against the United States for claims “not ex-
ceeding $10,000 in amount,”
28 U.S.C. § 1346(a)(2), see
28
U.S.C. § 1295(a)(2). None of these apply to Mr. Sanford’s
case.
When this court lacks jurisdiction over an appeal, it
shall, “if it is in the interest of justice, transfer such . . . ap-
peal” to a court “in which the . . . appeal could have been
brought.”
28 U.S.C. § 1631. Although Mr. Sanford re-
quests transfer to the United States Court of Appeals for
the District of Columbia Circuit, there is no basis to con-
clude this appeal could have been brought there; rather,
the appropriate appellate court to review a final decision in
Mr. Sanford’s case, filed in the Eastern District of Virginia,
is the Fourth Circuit. See
28 U.S.C. §§ 41, 1291. Under
the circumstances, where there is no charge of another ju-
risdictional defect, we deem it the better course to transfer
Mr. Sanford’s appeal to that court.
Accordingly,
Case: 23-1028 Document: 29 Page: 3 Filed: 12/13/2022
SANFORD v. FRANKLIN, VA 3
IT IS ORDERED THAT:
The appeal and all filings are transferred to the United
States Court of Appeals for the Fourth Circuit pursuant to
28 U.S.C. § 1631.
FOR THE COURT
December 13, 2022 /s/ Peter R. Marksteiner
Date Peter R. Marksteiner
Clerk of Cout
