Jeanpierre v. United States ( 2022 )


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  • Case: 22-1389   Document: 9     Page: 1   Filed: 04/18/2022
    NOTE: This order is nonprecedential.
    United States Court of Appeals
    for the Federal Circuit
    ______________________
    LAWRENCE RASHUAN JEANPIERRE,
    Petitioner
    v.
    UNITED STATES,
    Respondent
    ______________________
    2022-1389
    ______________________
    Appeal from the Board of Correction for Army Records
    in No. AR20170008831.
    ______________________
    ON MOTION
    ______________________
    Before PROST, REYNA, and CUNNINGHAM, Circuit Judges.
    PER CURIAM.
    ORDER
    Responding to the court’s February 17, 2022, order to
    show cause, the United States urges dismissal of this ap-
    peal from a decision of the Board of Correction for Army
    Records (the “Board”). Lawrence Rashuan JeanPierre sub-
    mits a motion for leave to proceed in forma pauperis but
    has not responded to the order to show cause.
    Case: 22-1389      Document: 9   Page: 2    Filed: 04/18/2022
    2                                           JEANPIERRE   v. US
    This court’s limited subject matter jurisdiction does not
    extend to appeals directly from the Board. 
    28 U.S.C. § 1295
    . When this court lacks jurisdiction, it may, under
    
    28 U.S.C. § 1631
    , transfer a case to another court where it
    could have been brought. While the United States indi-
    cates that the United States Court of Federal Claims would
    have jurisdiction over this matter generally, it urges dis-
    missal on the ground that the applicable statute of limita-
    tions would bar any claim before the Court of Federal
    Claims. We deem it the better course to transfer the case
    to the Court of Federal Claims to make a determination as
    to the application of the statute of limitations in the first
    instance.
    Accordingly,
    IT IS ORDERED THAT:
    Pursuant to 
    28 U.S.C. § 1631
    , this case and all trans-
    mittals are transferred to the United States Court of Fed-
    eral Claims.
    FOR THE COURT
    April 18, 2022                     /s/ Peter R. Marksteiner
    Date                           Peter R. Marksteiner
    Clerk of Court
    

Document Info

Docket Number: 22-1389

Filed Date: 4/18/2022

Precedential Status: Non-Precedential

Modified Date: 4/26/2022