This morning, the Federal Circuit released five nonprecedential orders. Two transfer cases to district courts, one transfers a case to another federal appellate court, and another remands a case to the Court of International Trade. The fifth order dismisses an appeal. Late yesterday, the Federal Circuit released three nonprecedential orders, each dismissing an appeal. Here are the introductions to the transfer and remand orders and links to the dismissals.
Takeuchi v. Department of the Army (Nonprecedential Order)
Patrick Takeuchi submits a motion for leave to proceed in forma pauperis. The Department of the Army moves to transfer this case to the United States District Court for the District of Hawaii. ECF No. 7 at 1. The Department states that the Merit Systems Protection Board consents. Mr. Takeuchi opposes transfer.
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Accordingly,
IT IS ORDERED THAT:
The motion to transfer is granted to the extent that this case and all transmittals are transferred, pursuant to 28 U.S.C. § 1631, to the United States District Court for the District of Hawaii.
Royer v. Merit Systems Protection Board (Nonprecedential Order)
Because Anna Royer pursued discrimination claims before the Merit Systems Protection Board and stated that she does not wish to abandon those claims on judicial review, the court directed the parties to show cause why this case should not be transferred to a United States district court.
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Accordingly,
IT IS ORDERED THAT:
Pursuant to 28 U.S.C. § 1631, this case and all transmittals are transferred to the United States District Court for the District of Columbia.
Skyview Cabinet USA, Inc. v. United States (Nonprecedential Order)
The United States moves without opposition to voluntarily remand this appeal to the United States Court of International Trade with instructions to remand to Customs and Border Protection for further proceedings consistent with Royal Brush Manufacturing, Inc. v. United States, 75 F.4th 1250 (Fed. Cir. 2023).
Upon consideration thereof,
IT IS ORDERED THAT:
(1) The motion is granted to the extent that the case is remanded to the Court of International Trade with instructions to remand to Customs and Border Protection for further proceedings consistent with Royal Brush, 75 F.4th 1250.
(2) Each side shall bear its own costs.
United States v. Clark (Nonprecedential Order)
Allen R. Clark appeals from the district court’s judgment in this criminal case. This is a court of limited jurisdiction, which does not include jurisdiction over criminal cases. See 28 U.S.C. § 1295. Where we lack jurisdiction, and when it is in the interest of justice, we will transfer an appeal to the appropriate court. 28 U.S.C. § 1631. Here, any appeal lies with the regional court of appeals, 28 U.S.C. § 1291, which is the United States Court of Appeals for the Second Circuit.