Case: 23-2400 Document: 17 Page: 1 Filed: 12/14/2023
NOTE: This order is nonprecedential.
United States Court of Appeals
for the Federal Circuit
______________________
FONDA WICKS,
Plaintiff-Appellant
v.
METROPOLITAN LIFE INSURANCE CO.,
Defendant-Appellee
______________________
2023-2400
______________________
Appeal from the United States District Court for the
Northern District of Texas in No. 4:21-cv-01275-O, Judge
Reed O’Connor.
______________________
ON MOTION
______________________
Before PROST, HUGHES, and STOLL, Circuit Judges.
PER CURIAM.
ORDER
Fonda Wicks moves unopposed to transfer her appeal
from the judgment of the United States District Court for
the Northern District of Texas denying her claims for death
benefits under her late husband’s insurance plan.
Case: 23-2400 Document: 17 Page: 2 Filed: 12/14/2023
2 WICKS v. METROPOLITAN LIFE INSURANCE CO.
We agree that this appeal does not fall within the lim-
ited authority that Congress granted this court to review
decisions of federal district courts. See generally
28 U.S.C.
§ 1295. Lacking jurisdiction, we may transfer to another
court where “the action or appeal could have been brought
at the time it was filed.”
28 U.S.C. § 1631. Here, as Ms.
Wicks correctly notes, the appropriate court is the United
States Court of Appeals for the Fifth Circuit.
Accordingly,
IT IS ORDERED THAT:
The motion is granted. This appeal and all transmit-
tals are transferred to the United States Court of Appeals
for the Fifth Circuit pursuant to
28 U.S.C. § 1631.
FOR THE COURT
December 14, 2023
Date
