Late yesterday and this morning, the Federal Circuit released five nonprecedential orders, three transferring cases to other courts and two dismissing appeals. Here are the introductions to the transfers and one of the dismissals and a link to the other dismissals.
Praileau v. United States (Nonprecedential Order)
In response to this court’s April 21, 2023, show cause order, appellant and the federal appellees argue that this court lacks jurisdiction, and we agree. While those appellees urge dismissal because appellant has not yet paid the filing fee, we deem it the better course to transfer pursuant to 28 U.S.C. § 1631 for the United States Court of Appeals for the Second Circuit to address the argument.
Accordingly,
IT IS ORDERED THAT:
The case and all transmittals are transferred to the United States Court of Appeals for the Second Circuit.
McHugh v. Secretary of Veterans Affairs (Nonprecedential Order)
The Secretary of Veterans Affairs moves to dismiss for lack of jurisdiction. The Secretary states that James McHugh opposes the motion.
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IT IS ORDERED THAT:
(1) The Secretary’s motion is granted only 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 Southern District of Ohio
(2) Any other pending motion is denied.
Mani v. Department of Health and Human Services (Nonprecedential Order)
Vincent M. Mani appealed his removal from the Department of Health and Human Services to the Merit Systems Protection Board, alleging various affirmative defenses of discrimination based on his disability, race, national origin, and religion. The Board affirmed the removal, and Dr. Mani petitioned this court for review and states that he wishes to continue to pursue his discrimination claims, see ECF No. 3 at 1–3; ECF No. 4-1 at 2.
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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 Maryland.
Lomax v. Montaldo (Nonprecedential Order)
In response to this court’s order directing the parties to address whether this appeal should be dismissed, Luis G. Montaldo urges dismissal. Mattie Lomax opposes dismissal and requests summary judgment. Because we lack jurisdiction, we must dismiss the appeal.
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IT IS ORDERED THAT:
(1) The appeal is dismissed.
(2) Each party shall bear its own costs.