BRUZZONE v. INTEL CORPORATION , No. 14-1608 (Fed. Cir. 2014)
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Case: 14-1608 Document: 28 Page: 1 Filed: 10/07/2014 NOTE: This order is nonprecedential. United States Court of Appeals for the Federal Circuit ______________________ MICHAEL A. BRUZZONE, RELATOR ORIGINAL SOURCE, Plaintiff-Appellant, v. INTEL CORPORATION AND ARM, INC., Defendants-Appellees. ______________________ 2014-1608 ______________________ Appeal from the United States District Court for the Northern District of California in Nos. 3:14-cv-01279WHA and 3:14-cv-03729-WHA, Judge William H. Alsup. ______________________ ON MOTION ______________________ Before PROST, Chief Judge, DYK AND MOORE, Circuit Judges. PER CURIAM. ORDER Intel Corporation moves to dismiss this appeal for lack of jurisdiction. Michael A. Bruzzone moves for leave to proceed in forma pauperis. Case: 14-1608 Document: 28 2 Page: 2 BRUZZONE Filed: 10/07/2014 v. INTEL CORPORATION Bruzzone appeals from the United States District Court for the Northern District of California s dismissal of his action for failure to file an amended complaint. In his original complaint, Bruzzone filed a qui tam action against Intel Corporation as a relator under the False Claims Act, 31 U.S.C. §§ 3729 3733. This court is a court of limited jurisdiction, which does not include jurisdiction in this matter. 28 U.S.C. § 1295. Pursuant to 28 U.S.C. § 1631, this court is authorized to transfer the case to a court in which the appeal could have been brought. Upon consideration thereof, IT IS ORDERED THAT: (1) The motion to dismiss is denied. (2) The appeal and all pending motions are transferred pursuant to 28 U.S.C. § 1631 to the United States Court of Appeals for the Ninth Circuit. FOR THE COURT /s/ Daniel E. O Toole Daniel E. O Toole Clerk of Court s26
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