Case: 23-1946 Document: 11 Page: 1 Filed: 10/18/2023
NOTE: This order is nonprecedential.
United States Court of Appeals
for the Federal Circuit
______________________
PATRICK LONNELL SHERMAN,
Plaintiff-Appellant
v.
UNITED STATES DISTRICT COURT EASTERN
DISTRICT OF ARKANSAS,
Defendant-Appellee
DOES,
Defendant
______________________
2023-1946
______________________
Appeal from the United States District Court for the
Eastern District of Arkansas in No. 4:23-cv-00304-BSM,
Judge Brian S. Miller.
______________________
Before REYNA, TARANTO, and HUGHES, Circuit Judges.
PER CURIAM.
ORDER
In response to this court’s July 31, 2023, order to show
cause, the appellee urges dismissal. Patrick Lonnell Sher-
man has not responded.
Case: 23-1946 Document: 11 Page: 2 Filed: 10/18/2023
2 SHERMAN v. U.S. DISTRICT COURT EASTERN DISTRICT OF
ARKANSAS
Mr. Sherman, who is currently incarcerated, filed a
complaint at the United States District Court for the East-
ern District of Arkansas, seeking $100,000,000 and assert-
ing fraud, discrimination, and claims relating to the Prison
Litigation Reform Act. The district court denied Mr. Sher-
man’s motion for leave to proceed in forma pauperis and
dismissed his complaint without prejudice for failure to pay
the filing fee. Mr. Sherman first filed a notice of appeal
seeking review at the United States Court of Appeals for
the Eighth Circuit, which was docketed at that court as Ap-
peal No. 23-2185. Mr. Sherman then filed another notice
of appeal seeking review of the same rulings at this court.
Mr. Sherman’s appeal does not fall within the limited
authority that Congress granted to this court to review de-
cisions of federal district courts under
28 U.S.C. § 1295(a).
That jurisdiction generally extends to cases arising under
the patent 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 certain dam-
ages claims against the United States “not exceeding
$10,000 in amount,”
28 U.S.C. § 1346(a)(2), see
28 U.S.C.
§ 1295(a)(2). This case does not involve such subject mat-
ter.
While this court has authority to transfer a case under
28 U.S.C. § 1631 to a court that would have jurisdiction,
Mr. Sherman has already filed an appeal of the district
court order with the Eighth Circuit, so transfer here is un-
necessary.
Accordingly,
IT IS ORDERED THAT:
(1) The appeal is dismissed.
(2) All pending motions are denied.
Case: 23-1946 Document: 11 Page: 3 Filed: 10/18/2023
SHERMAN v. U.S. DISTRICT COURT EASTERN DISTRICT OF 3
ARKANSAS
(3) Each side shall bear its own costs.
FOR THE COURT
October 18, 2023 /s/ Jarrett B. Perlow
Date Jarrett B. Perlow
Clerk of Court
