Lockett v. Helfman Motor Sales Inc.

Case: 23-1244 Document: 15 Page: 1 Filed: 06/08/2023
NOTE: This order is nonprecedential.
United States Court of Appeals
for the Federal Circuit
______________________
EMMANUEL MARQUIS LOCKETT,
Plaintiff-Appellant
v.
HELFMAN MOTOR SALES INC., ALAN HELFMAN,
STEVEN WOLF, CAPITAL ONE AUTO FINANCE,
RICHARD FAIRBANK, in his individual and corpo-
rate capacity as CEO of Capital One Auto Finance,
DARREN ALCUS, in his individual and corporate
capacity of CEO of Capital One Auto Finance,
Defendants-Appellees
______________________
2023-1244
______________________
Appeal from the United States District Court for the
Southern District of Texas in No. 4:21-cv-04082, Magis-
trate Judge Sam S. Sheldon.
______________________
ON MOTION
______________________
Before PROST, REYNA, and STARK, Circuit Judges.
PER CURIAM.
ORDER
Case: 23-1244 Document: 15 Page: 2 Filed: 06/08/2023
2 LOCKETT v. HELFMAN MOTOR SALES INC.
Appellees move to reform the official caption. In re-
sponse to this court’s March 28, 2023, order to show cause,
the appellees also urge dismissal of this appeal. Emman-
uel Marquis Lockett has not responded.
Mr. Lockett filed this suit against the appellees alleg-
ing violation of consumer protection laws arising out of the
purchase and financing of a vehicle. On August 31, 2022,
the district court dismissed Mr. Lockett’s claims as to cer-
tain defendants and denied Mr. Lockett’s request for an in-
junction against repossession of the vehicle. Mr. Lockett
filed this appeal on October 3, 2022. *
Mr. Lockett’s appeal does not fall within the limited au-
thority that Congress granted to this court to review deci-
sions of federal district courts under 28 U.S.C. § 1295(a).
That jurisdiction extends only to cases arising under the
patent laws, see 28 U.S.C. § 1295(a)(1); civil actions on re-
view 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).
While the appellees urge dismissal, under the circum-
stances, we deem it the better course to transfer the case
pursuant to 28 U.S.C. § 1631 to the United States Court of
* On January 12, 2023, Mr. Lockett filed a notice at
the district court that he seeks to voluntarily dismiss the
action “without prejudice,” but that notice was not signed
by all parties who had appeared. On May 3, 2023, Mr.
Lockett, Capital One Auto Finance, Richard Fairbank, and
Darren Alcus filed at the district court a joint stipulation
of dismissal with prejudice, but that stipulation was not
signed by all parties and the district court has not issued
an order dismissing the remaining claims.
Case: 23-1244 Document: 15 Page: 3 Filed: 06/08/2023
LOCKETT v. HELFMAN MOTOR SALES INC. 3
Appeals for the Fifth Circuit to consider any arguments re-
garding lack of jurisdiction or dismissal.
Accordingly,
IT IS ORDERED THAT:
The appeal and all its filings are transferred to the
United States Court of Appeals for the Fifth Circuit pursu-
ant to 28 U.S.C. § 1631.
FOR THE COURT
June 8, 2023 /s/ Jarrett B. Perlow
Date Jarrett B. Perlow
Acting Clerk of Court