Philip O. Emiabata, Sylvia Emiabata v. the Bank of New York Mellon Trust Co., Specialized Loan Servicing, Jp Morgan Chase…

N OTE: This order is nonprecedential.
United States Court of Appeals
for the Federal Circuit
______________________
PHILIP O. EMIABATA, SYLVIA EMIABATA,
Plaintiffs-Appellants
v.
THE BANK OF NEW YORK MELLON TRUST CO.,
SPECIALIZED LOAN SERVICING, JP MORGAN
CHASE BANK, AVAIL., LLC, NEWREZ LLC, dba
Shellpoint Mortgage Servicing, JOHN DOE 1
THROUGH 5,
Defendants-Appellees
______________________
2024-2071
______________________
Appeal from the United States District Court for the
District of Delaware in No. 1:23-cv-01054-RGA, Judge
Richard G. Andrews.
______________________
Before REYNA, L INN, and STOLL , Circuit Judges.
P ER CURIAM .
O R D E R
The United States District Court for the District of Del-
aware transferred Philip O. Emiabata and Sylvia Emia-
bata’s foreclosure-related action to another district court,
and the Emiabatas appealed to both this court and the
Case: 24-2071 Document: 10 Page: 1 Filed: 11/19/2024

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EMIABATA v. BANK OF NEW YORK MELLON TRUST CO. 2
United States Court of Appeals for the Third Circuit.1 In
response to this court’s August 15, 2024 order to show
cause, the Emiabatas urge transfer to the Third Circuit in
the event that the court finds it lacks jurisdiction.
This court’s jurisdiction to review district court cases 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).
This case does not fall within that jurisdiction. Under the
circumstances of this case, we deem it the better course to
transfer this matter to the Third Circuit. See 28 U.S.C.
§§ 41, 1291, 1631; cf. 28 U.S.C. § 1651.
Accordingly,
I T I S O RDERED T HAT :
The appeal and all case filings are transferred to the
United States Court of Appeals for the Third Circuit.
November 19, 2024
Date
F OR THE COURT
1 Believing the appeal to the Third Circuit was filed
in error, the Emiabatas voluntarily dismissed that appeal.
Case: 24-2071 Document: 10 Page: 2 Filed: 11/19/2024

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