Case: 23-2249 Document: 7 Page: 1 Filed: 12/15/2023
NOTE: This order is nonprecedential.
United States Court of Appeals
for the Federal Circuit
______________________
WILLIAM CHARLES NORTON,
Plaintiff-Appellant
v.
COMMISSIONER OF SOCIAL SECURITY,
Defendant-Appellee
______________________
2023-2249
______________________
Appeal from the United States District Court for the
Western District of New York in No. 6:20-cv-06701-WBC,
Magistrate Judge William B. Carter.
______________________
Before PROST, HUGHES, and STOLL, Circuit Judges.
PER CURIAM.
ORDER
William Charles Norton appeals from the judgment of
the United States District Court for the Western District of
New York affirming the denial of his application for Child
Disability Benefits under the Social Security Act. In re-
sponse to this court’s September 29, 2023, order to show
cause, the Commissioner of Social Security urges either
dismissal or transfer to the United States Court of Appeals
for the Second Circuit. Mr. Norton has not responded.
Case: 23-2249 Document: 7 Page: 2 Filed: 12/15/2023
2 NORTON v. COMMISSIONER OF SOCIAL SECURITY
We agree with the Commissioner that this appeal does
not fall within the limited authority that Congress granted
this court to review decisions of federal district courts.
That jurisdiction generally extends to patent cases, 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). It does not
include appeals in Social Security Act cases.
When this court lacks jurisdiction, it may transfer to
another court, if it is in the interest of justice, where “the
action or appeal could have been brought at the time it was
filed.”
28 U.S.C. § 1631. Appeals from district court deci-
sions issued under
42 U.S.C. § 405(g) generally belong in
the regional circuit in which the district court sits, in this
case the Second Circuit.
28 U.S.C. §§ 41, 1291.
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 Ap-
peals for the Second Circuit.
FOR THE COURT
December 15, 2023
Date
