Brandenburg v. U.S. Department of State ( 2023 )


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  • Case: 23-2259    Document: 23     Page: 1    Filed: 12/14/2023
    NOTE: This order is nonprecedential.
    United States Court of Appeals
    for the Federal Circuit
    ______________________
    LEOPOLD R. BRANDENBURG, SR.,
    Plaintiff-Appellant
    v.
    U.S. DEPARTMENT OF STATE,
    Defendant-Appellee
    ______________________
    2023-2259
    ______________________
    Appeal from the United States District Court for the
    District of Columbia in No. 1:22-cv-02120-BAH, Judge
    Beryl A. Howell.
    ______________________
    Before PROST, HUGHES, and STOLL, Circuit Judges.
    PER CURIAM.
    ORDER
    Leopold R. Brandenburg, Sr. brought this action chal-
    lenging his separation from federal employment and the
    denial of a waiver from his obligation to pay back over
    $100,000 in unearned salary. The United States District
    Court for the District of Columbia dismissed his complaint.
    Mr. Brandenburg has appealed that judgment to this court.
    Having now considered the parties’ responses to this
    court’s show cause order, we transfer the case to the United
    Case: 23-2259    Document: 23     Page: 2    Filed: 12/14/2023
    2                  BRANDENBURG v. U.S. DEPARTMENT OF STATE
    States Court of Appeals for the District of Columbia Cir-
    cuit.
    This appeal does not fall within the limited authority
    that Congress granted this court to review decisions of fed-
    eral district courts. 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 damages 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); 
    28 U.S.C. § 1292
    (c)(1); Bragg v. Keohane, 
    820 F.2d 402
    , 403–04 (Fed.
    Cir. 1987). And Mr. Brandenburg’s case does not fit into
    any of those categories. Accordingly, we transfer to the
    D.C. Circuit. See 
    28 U.S.C. §§ 1291
    , 1294(1); 
    28 U.S.C. § 1631
    .
    Accordingly,
    IT IS ORDERED THAT:
    This appeal and all transmittals are transferred to the
    United States Court of Appeals for the District of Columbia
    Circuit pursuant to 
    28 U.S.C. § 1631
    .
    FOR THE COURT
    December 14, 2023
    Date
    

Document Info

Docket Number: 23-2259

Filed Date: 12/14/2023

Precedential Status: Non-Precedential

Modified Date: 12/14/2023