Janet Howard v. GARY LOCKE, Secretary of Commerce

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# United States Court of Appeals for the Federal Circuit

2010-1224

JANET HOWARD,

Plaintiff-Appellant,
V.
GARY LOCKE, Secretary of Commerce,

Defendant-Appellee.

Appeal from the United States District Court for the District of Columbia
in case no. 04-CV-0756, Judge Richard J. Leon.

ON MOTION

Before MAYER, LOURIE, and BRYSON, Circuit Judges.
PER CURIAM.

## ORDER

The Secretary of Commerce moves to transfer Janet Howard's appeal to the
United States Court of Appeals for the District of Columbia Circuit. Howard moves for
an extension of time to file her brief.

Howard is appealing from a decision of the United States District Court for the
District of Columbia granting the Secretary's motion for summary judgment and
dismissing Howard's complaint asserting violations of the Rehabilitation Act of 1973.
This court is a court of limited jurisdiction. 28 U.S.C. § 1295. Because this case does
not fall within our jurisdiction, we agree with the Secretary that this court is without
authority to hear the appeal on its merits and that transfer to the District of Columbia
Circuit is appropriate. See 28 U.S.C. § 1631 (whenever the "court finds that there is a
want of jurisdiction, the court, shall, if it is in the interest of justice, transfer such action

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or appeal to any other such court in which the action or appeal could have been brought
at the time it was filed or noticed").

Accordingly,

IT IS ORDERED THAT:

(1)
Howard's appeal is transferred to the United States Court of Appeals for
the District of Columbia Circuit.

(2)
Howard's motion for an extension of time is moot.

FOR THE COURT

MAY 0 3 2010

/s/ Jan Horbaly

Date

Jan Horbaly
Clerk

cc:
Janet Howard
Matthew H. Solomson, Esq.

s19

ISSUED AS A MANDATE:

MAY 0 3 2010

FILED
U.S. COURT OF APPEALS FOR
THE FEDERAL CIRCUIT
MAY 03 2010

JAN HORBALY
CLERK

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