Ricardo Jose Calderon Lopez v. MARTIN J. O’MALLEY, Commissioner of the Social Security Administration

NOTE: This order is nonprecedential.
United States Court of Appeals
for the Federal Circuit
______________________
RICARDO JOSE CALDERON LOPEZ,
Plaintiff-Appellant
v.
MARTIN J. O’MALLEY, Commissioner of the Social
Security Administration,
Defendant-Appellee
______________________
2024-1698
______________________
Appeal from the United States District Court for the
Central District of California in No. 2:23-cv-08244-DMG-
SHK, Judge Dolly M. Gee.
______________________
ON MOTION
______________________
Before STOLL, CUNNINGHAM, and STARK, Circuit Judges.
PER CURIAM.
O R D E R
In response to this court’s April 24, 2024 show cause
order, Ricardo Jose Calderon Lopez argues that this court
has jurisdiction while the Commissioner of the Social
Case: 24-1698 Document: 22 Page: 1 Filed: 06/25/2024

-- 1 of 3 --

CALDERON LOPEZ v. O’MALLEY 2
Security Administration urges dismissal. Mr. Calderon
Lopez also moves for sanctions.
On January 3, 2024, the district court dismissed
Mr. Calderon Lopez’s suit seeking review of a decision of
the Commissioner under 42 U.S.C. § 405(g). On Janu-
ary 9, 2024, Mr. Calderon Lopez filed a notice of appeal to
the United States Court of Appeals for the Ninth Circuit,
and, on April 9, 2024, he filed a notice of appeal directed to
this court.
Our jurisdiction to review district court decisions is
generally limited to cases involving 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); and 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).
Mr. Calderon Lopez’s case, relating to review of the Com-
missioner’s decision, does not fall within that jurisdiction.
See 42 U.S.C. § 405(h).1 We conclude that dismissal, rather
than transfer, is appropriate at least because Mr. Calderon
Lopez has already appealed the same judgment to the
Ninth Circuit. 28 U.S.C. §§ 41, 1291, 1294.
Accordingly,
IT IS ORDERED THAT:
(1) The appeal is dismissed.
(2) All pending motions are denied.
1 To the extent Mr. Calderon Lopez attempts to raise
other issues that were not before the district court, such
issues are not properly before this court.
Case: 24-1698 Document: 22 Page: 2 Filed: 06/25/2024

-- 2 of 3 --

CALDERON LOPEZ v. O’MALLEY 3
(3) Each side shall bear its own costs.
June 25, 2024
Date
FOR THE COURT
Case: 24-1698 Document: 22 Page: 3 Filed: 06/25/2024

-- 3 of 3 --