Palacios v. Spencer, No. 17-5246 (D.C. Cir. 2018)Annotate this Case
Plaintiff appealed the district court's dismissal of his complaint, denial of his motion for leave to amend the complaint, and rejection of his motion to transfer the case to the United States Court of Federal Claims. After plaintiff served in the Marine Corps, he received an other-than-honorable discharge stemming from conduct. Plaintiff sought judicial review of the Correction Board's denial of his request to upgrade his discharge on the basis that his misconduct resulted from his mental and physical disabilities.
The DC Circuit dismissed the action for want of jurisdiction because the Federal Circuit has exclusive rights over appeals from orders granting or denying the transfer of an action to the Court of Federal Claims. The court held that the district court lacked subject matter jurisdiction over the complaint, and it correctly determined that amendment to cure the jurisdictional defect would have been futile. Accordingly, the court affirmed in part and dismissed in part.