Today the Federal Circuit released two nonprecedential orders dismissing appeals, a summary affirmance, and another order dismissing an appeal. Here is text from the first two orders and a link to the summary affirmance and last order.
Delacruz v. McDonough (Nonprecedential Order)
We agree with the Secretary that “it is clear from Mr. DeLaCruz’s notice of appeal that he is not challenging the October 22, 2021, judgment of the Veterans Court,” and that his submission should have instead been construed by the Veterans Court as a “timely . . . appeal to the Veterans Court from a July 18, 2022[,] decision of the Board of Veterans’ Appeals.” Res. at 1–2.* Because Mr. DeLaCruz was not intending to seek this court’s review, we dismiss and instruct the Clerk of this Court to transmit this order to the Veterans Court, so that it can docket Mr. DeLaCruz’s notice of appeal, initially docketed in CAVC No. 20-5631, as a new appeal from the Board’s July 18, 2022, decision.
Sanford v. Franklin, VA (Nonprecedential Order)
When this court lacks jurisdiction over an appeal, it shall, “if it is in the interest of justice, transfer such . . . appeal” to a court “in which the . . . appeal could have been brought.” 28 U.S.C. § 1631. Although Mr. Sanford requests transfer to the United States Court of Appeals for the District of Columbia Circuit, there is no basis to conclude this appeal could have been brought there; rather, the appropriate appellate court to review a final decision in Mr. Sanford’s case, filed in the Eastern District of Virginia, is the Fourth Circuit. See 28 U.S.C. §§ 41, 1291. Under the circumstances, where there is no charge of another jurisdictional defect, we deem it the better course to transfer Mr. Sanford’s appeal to that court.