Case: 23-1974 Document: 6 Page: 1 Filed: 12/15/2023
NOTE: This order is nonprecedential.
United States Court of Appeals
for the Federal Circuit
______________________
ELOY MASCORRO,
Plaintiff-Appellant
v.
SAN DIEGO COUNTY, CA, THE SAN DIEGO
SHERRIF'S DEPARTMENT, SAN DIEGO SHERIFF,
SHERIFF DEPUTIES, JAIL STAFF, C.L.E.R.B.,
Defendants-Appellees
______________________
2023-1974
______________________
Appeal from the United States District Court for the
Southern District of California in No. 3:21-cv-02012-RSH-
DDL, Judge Robert S. Huie.
______________________
Before PROST, HUGHES, and STOLL, Circuit Judges.
PER CURIAM.
ORDER
Eloy Mascorro appeals from the United States District
Court for the Southern District of California’s dismissal of
his complaint asserting civil rights violations against Cali-
fornia state entities. Because it appeared we lacked juris-
diction, we directed the parties to show cause why this case
should not be transferred or dismissed. In response, Mr.
Case: 23-1974 Document: 6 Page: 2 Filed: 12/15/2023
2 MASCORRO v. SAN DIEGO COUNTY, CA
Mascorro requests transfer to the United States Court of
Appeals for the Ninth Circuit, stating that was where he
intended his appeal to be heard. ECF No. 5 at 3.
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). Lacking jurisdiction, we may transfer to an-
other court where “the action or appeal could have been
brought at the time it was filed.”
28 U.S.C. § 1631. Here,
the appropriate court is the Ninth Circuit.
Accordingly,
IT IS ORDERED THAT:
The appeal and all its filings are transferred to the
United States Court of Appeals for the Ninth Circuit pur-
suant to
28 U.S.C. § 1631.
FOR THE COURT
December 15, 2023
Date
