LUMPKIN v. KIJAKAZI , No. 23-1159 (Fed. Cir. 2023)
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Case: 23-1159 Document: 12 Page: 1 Filed: 01/31/2023 NOTE: This order is nonprecedential. United States Court of Appeals for the Federal Circuit ______________________ WILHEMINA LUMPKIN, Plaintiff-Appellant v. KILOLO KIJAKAZI, Acting Commissioner of the Social Security Administration, Defendant-Appellee ______________________ 2023-1159 ______________________ Appeal from the United States District Court for the District of Connecticut in No. 3:20-cv-01516-RAR, Magistrate Judge Robert A. Richardson. ______________________ ON MOTION ______________________ Before TARANTO, MAYER, and STOLL, Circuit Judges. PER CURIAM. ORDER Wilhemina Lumpkin has filed an appeal from a final judgment of the United States District Court for the District of Connecticut affirming the denial of her application for social security disability benefits. Appellee moves to Case: 23-1159 Document: 12 2 Page: 2 Filed: 01/31/2023 LUMPKIN v. KIJAKAZI transfer Ms. Lumpkin’s appeal to the United States Court of Appeals for the Second Circuit. Ms. Lumpkin moves in opposition of transfer. We grant the appellee’s motion. Ms. Lumpkin’s appeal does not fall within the limited authority that Congress granted this court to review decisions of federal district courts under 28 U.S.C. § 1295(a). That jurisdiction is limited to cases arising under the patent laws, see 28 U.S.C. § 1295(a)(1); civil actions on review to the district court from the United States Patent and Trademark Office, see § 1295(a)(4)(C); or certain damages claims against the United States “not exceeding $10,000 in amount,” 28 U.S.C. § 1346(a)(2), see 28 U.S.C. § 1295(a)(2). This case does not fall into any of those categories. When this court lacks jurisdiction, we may transfer to another court, if it is in the interest of justice, where “the action or appeal could have been brought at the time it was filed.” 28 U.S.C. § 1631. Appeals from district court decisions issued under 42 U.S.C. § 405(g) generally belong in the regional circuit in which the district court sits, in this case the Second Circuit. Accordingly, IT IS ORDERED THAT: The appellee’s motion is granted, and Ms. Lumpkin’s motion is denied. Pursuant to 28 U.S.C. § 1631, this case and all transmittals are transferred to the United States Court of Appeals for the Second Circuit. FOR THE COURT January 31, 2023 Date /s/ Peter R. Marksteiner Peter R. Marksteiner Clerk of Court
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