This morning, the Federal Circuit released five nonprecedential orders. One order transfers an appeal to another circuit court of appeals; one order transfers an appeal to a district court; and one order denies a petition for a writ of mandamus. The two remaining orders are dismissals: one dismisses for lack of jurisdiction, and another grants a motion to voluntarily dismiss. Late Friday, the Federal Circuit also released another nonprecedential order that dismissed an appeal. Here are previews of selected orders and links to dismissals.
Montero v. United States (Nonprecedential Order)
Having considered the parties’ responses to this court’s August 3, 2023, show cause order, we now transfer the case to the United States Court of Appeals for the Eleventh Circuit under 28 U.S.C. § 1631.
In re Meta Platforms, Inc. (Nonprecedential Order)
The United States District Court for the Western District of Texas (“WDTX”) denied the motion of Meta Platforms, Inc. (“Meta”) to transfer to the United States District Court for the Northern District of California (“NDCA”) while also granting alternative relief requested by Meta, transferring the case within the District from Waco to Austin, Texas. Meta now petitions for a writ of mandamus that would direct transfer to the NDCA.
In the context in which we confront this error, however, we conclude it is harmless, as we cannot say it would be a clear abuse of discretion to deny transfer to the NDCA even changing this one factor from weighing against transfer to being neutral.
IT IS ORDERED THAT:
The petition is denied.
Blair v. Department of Veterans Affairs (Nonprecedential Order)
Because Adrian E. Blair asserted before the Merit Systems Protection Board that his removal was in violation of federal antidiscrimination laws and indicated that he did not wish to abandon his discrimination claims on judicial review, this court directed the parties to show cause why this case should not be transferred. Having now considered the responses to that order, we transfer the case to the United States District Court for the Northern District of Texas.