This morning the Federal Circuit released three nonprecedential orders. One grants a motion to dismiss an appeal for lack of jurisdiction; one dismisses an appeal for failure to prosecute; and one transfers an appeal to the Court of Appeals for the Second Circuit. Here is the text from the order and links to the dismissals.  

Bey v. Antoine (Nonprecedential Order)

Responding to the court’s August 18, 2022, order to show cause, the appellees urge dismissal of this appeal for lack of subject matter jurisdiction and finality. Empress Hadiya Bey moves for leave to proceed in forma pauperis and responds in favor of this court’s jurisdiction or, failing that, by requesting transfer to the Supreme Court of the United States.

Ms. Bey filed the operative complaint at the United States District Court for the Eastern District of New York, alleging various state and local officials violated her constitutional rights and federal laws. Our jurisdiction as it relates to decisions from federal district courts extends only 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). Ms. Bey’s case falls outside of that limited jurisdiction.

When this court lacks jurisdiction, we 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. That would not be the Supreme Court. See 28 U.S.C. § 1251 et seq. To the extent a court of appeals would have jurisdiction over the challenged orders in this case, it would be the United States Court of Appeals for the Second Circuit. We deem it appropriate to transfer the appeal to the Second Circuit for it to resolve appellees’ arguments concerning finality.



Pursuant to 28 U.S.C. § 1631, this appeal and all transmittals are transferred to the United States Court of Appeals for the Second Circuit.