DAVID GIST V. US , No. 13-1127 (Fed. Cir. 2013)
Annotate this Case
Download PDF
Case: 13-1127 Document: 2 Page: 1 Filed: 01/11/2013 NOTE: This order is nonprecedential. United States Court of Appeals for the Federal Circuit __________________________ DAVID L. GIST, SR., Plaintiff-Appellant, v. UNITED STATES, Defendant-Appellee. __________________________ 2013-1127 __________________________ Appeal from the United States District Court for the Northern District of New York in case no. 09-CV-1361, Senior Judge Neal P. McCurn. __________________________ ORDER The court considers whether this appeal should be dismissed or transferred. David L. Gist, Sr. appeals from a judgment of the United States District Court for the Northern District of New York which dismissed his complaint of medical malpractice against a Department of Veterans Affairs medical facility for lack of subject matter jurisdiction. This court is a court of limited jurisdiction, which does not appear to include jurisdiction in this matter. 28 U.S.C. § 1295. Case: 13-1127 Document: 2 Page: 2 Filed: 01/11/2013 DAVID GIST V. US 2 Accordingly, IT IS ORDERED THAT: (1) The parties are directed to respond within 21 days from the date of filing of this order concerning whether this appeal should be transferred to the United States Court of Appeals for the Second Circuit pursuant to 28 U.S.C. § 1631. (2) The briefing schedule is stayed. FOR THE COURT /s/ Jan Horbaly Jan Horbaly Clerk s26
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
