Dusti Kelly-Fleming, John Fleming, and Teclarc, Inc v. the City of Selma, Texas

N OTE: This order is nonprecedential.
United States Court of Appeals
for the Federal Circuit
______________________
DUSTI KELLY-FLEMING, JOHN FLEMING, AND
TECLARC, INC,
Plaintiffs-Appellants,
v.
THE CITY OF SELMA, TEXAS,
Defendant-Appellee.
______________________
2014-1231
______________________
Appeal from the United States District Court for the
Western District of Texas in No. 5:10-cv-00675-XR, Judge
Xavier Rodriguez.
______________________
Before L OURIE, D YK, and REYNA, Circuit Judges.
P ER CURIAM .
O R D E R
The parties were directed to show cause why this ap-
peal should not be transferred to the United States Court
of Appeals for the Fifth Circuit. Appellee, the City of
Selma, Texas, responds and argues that the appeal should
be dismissed or transferred to the Fifth Circuit. Appel-
lants have not responded.
Case: 14-1231 Document: 8 Page: 1 Filed: 04/23/2014

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KELLY - FLEMING v. THE CITY OF SELMA, TEXAS 2
This is an appeal of an action asserting violation of
the plaintiffs’ rights under Title II of the Americans with
Disabilities Act, 42 U.S.C. § 12131 et seq.
This court is a court of limited jurisdiction and does
not have jurisdiction in this matter. 28 U.S.C. § 1295. As
noted by Appellee, an appeal has also been filed with the
Fifth Circuit as Dusti Kelly-Fleming, et al. v. City of
Selma, Texas, No. 13-51192. Thus, there is no need to
transfer this duplicative appeal pursuant to
28 U.S.C. § 1631.
Accordingly,
I T I S O RDERED T HAT :
(1) The appeal is dismissed.
(2) All pending motions are denied as moot.
(3) Each side shall bear its own costs.
F OR THE COURT
/s/ Daniel E. O’Toole
Daniel E. O’Toole
Clerk of Court
s25
Case: 14-1231 Document: 8 Page: 2 Filed: 04/23/2014

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