MASCORRO v. CITY OF SAN DIEGO , No. 24-1497 (Fed. Cir. 2024)
Annotate this Case
Download PDF
Case: 24-1497 Document: 8 Page: 1 Filed: 04/11/2024 NOTE: This order is nonprecedential. United States Court of Appeals for the Federal Circuit ______________________ ELOY MASCORRO, Plaintiff-Appellant v. THE CITY OF SAN DIEGO, THE SAN DIEGO POLICE DEPARTMENT, THE SAN DIEGO CHIEF OF POLICE, OFFICERS 1-4, Defendants-Appellees ______________________ 2024-1497 ______________________ Appeal from the United States District Court for the Southern District of California in No. 3:21-cv-01725-RSHDDL, Judge Robert S. Huie. ______________________ Before CHEN, LINN, and HUGHES, Circuit Judges. PER CURIAM. ORDER Eloy Mascorro appeals from the United States District Court for the Southern District of California’s dismissal of his civil rights action against the listed defendants. In response to the court’s March 14, 2024 order to show cause, Mr. Mascorro urges transfer to the United States Court of Appeals for the Ninth Circuit. Case: 24-1497 Document: 8 2 Page: 2 MASCORRO Filed: 04/11/2024 v. CITY OF SAN DIEGO Our jurisdiction to review decisions of federal district courts generally extends only 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 cases involving 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); 28 U.S.C. § 1292(c)(1). This case is outside of that limited subject matter 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. Here, the court concludes it appropriate to transfer to the Ninth Circuit. 28 U.S.C. §§ 41, 1291. Accordingly, IT IS ORDERED THAT: The appeal and all its filings are transferred to the United States Court of Appeals for the Ninth Circuit pursuant to 28 U.S.C. § 1631. FOR THE COURT April 11, 2024 Date
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.
