Jerry Allen Clark v. Eric H. Holder, Jr., Attorney General

# NOTE: This order is nonprecedential. United States Court of Appeals for the Federal Circuit

JERRY ALLEN CLARK,
Appellant,
v.
ERIC H. HOLDER, JR., ATTORNEY GENERAL,
Appellee.

2011-1505

Appeal from the United States District Court for the
Western District of Oklahoma in case no. 11-CV-0707,
Judge Joe Heaton.

## ON MOTION

Before BRYSON, SCHALL, and PROST, Circuit Judges.
PER CURIAM.

## ORDER

Jerry Allen Clark and the Attorney General respond
to this court's August 4, 2011 show cause order.

Clark seeks to appeal from a magistrate's decision of
the United States District Court for the Western District
of Oklahoma recommending that Clark's petition for a

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writ of habeas corpus be denied. Clark's appeal does not
fall within this court's jurisdiction. 28 U.S.C. § 1295.

Pursuant to 28 U.S.C. § 1631, this court is authorized
to transfer the case, but only to a court in which the
appeal could have been brought at the time it was filed or
noticed and only if transfer is "in the interest of justice[.]"
Because the trial court has yet to issue final judgment,
transfer to the United States Court of Appeals for the
Tenth Circuit is inappropriate.

Accordingly,
IT IS ORDERED THAT:

(1) The appeal is dismissed.

(2) Each side shall bear its own costs.

(3) All other pending motions are moot.

FOR THE COURT

NOV 2 3 2011

Date

/s/ Jan Horbaly
Jan Horbaly
Clerk

cc: Jerry Allen Clark
Nicholas Jabbour, Esq.

s19

FILED
U.S. COURT OF APPEALS FOR
THE FEDERAL CIRCUIT
NOV 2 3 2011

JAN HORBALY
CLERK