Abrahams v. Hard Drive Productions, Inc.

Case: 13-1126 Document: 13 Page: 1 Filed: 04/11/2013
NOTE: This order is nonprecedential.
United States Court of Appeals
for the Federal Circuit
__________________________
SETH ABRAHAMS,
Plaintiff-Appellant,
v.
HARD DRIVE PRODUCTIONS, INC.,
Defendant-Appellee.
__________________________
2013-1126
__________________________
Appeal from the United States District Court for the
Northern District of California in case no. 12-CV-1006,
Magistrate Judge Joseph C. Spero.
__________________________
Before PROST, MOORE and O’MALLEY, Circuit Judges.
MOORE, Circuit Judge.
ORDER
The court considers whether this appeal should be
transferred to the United States Court of Appeals for the
Ninth Circuit.
Seth Abrahams filed a notice of appeal in the United
States District Court for the Northern District of Califor-
nia, requesting review by the United States Court of Ap-
Case: 13-1126 Document: 13 Page: 2 Filed: 04/11/2013
SETH ABRAHAMS V. HARD DRIVE PRODUCTIONS 2
peals for the Ninth Circuit of a judgment dismissing his
claim seeking declaratory relief for copyright infringement
against Hard Drive Productions, Inc. for lack of subject
matter jurisdiction.
The district court clerk’s office transmitted the notice of
appeal to this court. Fed. R. App. P. 3(d)(1) states that the
clerk of the district court “must promptly send a copy of the
notice of appeal and of the docket entries ... to the clerk of
the court of appeals named in the notice.” Because of the
mandatory language of Rule 3(d)(1), we must transfer this
appeal to the Ninth Circuit, i.e., the clerk of the district
court was required to send the notice of appeal to that
court.
Accordingly,
IT IS ORDERED THAT:
The appeal is transferred pursuant to 28 U.S.C.
§ 1631 to the United States Court of Appeals for the
Ninth Circuit.
FOR THE COURT
/s/ Jan Horbaly
Jan Horbaly
Clerk
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