United States v. Erika Johnson

N OTE: This order is nonprecedential.
United States Court of Appeals
for the Federal Circuit
______________________
UNITED STATES,
Plaintiff-Respondent
v.
ERIKA JOHNSON,
Defendant-Petitioner
______________________
2022-139
______________________
On Petition for Permission to Appeal from the United
States District Court for the District of Maryland in No.
8:06-mj-02169-TMD-1.
______________________
ON PETITION
______________________
P ER CURIAM .
O R D E R
Erika Johnson petitions for permission to appeal a
2014 judgment of the United States District Court for the
District of Maryland in a criminal proceeding.
This court is a court of limited jurisdiction, which does
not include review of criminal matters. See 28 U.S.C.
Case: 22-139 Document: 3 Page: 1 Filed: 04/25/2022

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US v. JOHNSON 2
§ 1295. Therefore, we lack jurisdiction to entertain Ms.
Johnson’s petition.
When this court lacks jurisdiction, we may transfer to
another court, if it is in the interest of justice, where “the
action or appeal could have been brought at the time it was
filed.” 28 U.S.C. § 1631. Transfer of this case, however, is
not appropriate. The district court entered judgment in
this case eight years ago. Moreover, the provision Ms.
Johnson now invokes as the basis for appellate jurisdiction
requires the trial court first to certify an order for review,
see Fed. R. App. P. 5(a)(3), and no such certification was
made here.
Accordingly,
I T I S O RDERED T HAT :
The petition for permission to appeal is dismissed.
April 25, 2022
Date
F OR THE COURT
/s/ Peter R. Marksteiner
Peter R. Marksteiner
Clerk of Court
Case: 22-139 Document: 3 Page: 2 Filed: 04/25/2022

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