Marco Cabezas v. Flint Group, LLC

N OTE: This order is nonprecedential.
United States Court of Appeals
for the Federal Circuit
______________________
MARCO CABEZAS,
Plaintiff-Appellant
v.
FLINT GROUP, LLC,
Defendant-Appellee
______________________
2023-1060
______________________
Appeal from the United States District Court for the
Central District of California in No. 5:22-cv-01265-FLA-
KK, Judge Fernando L. Aenlle-Rocha.
______________________
Before T ARANTO, MAYER , and STOLL , Circuit Judges.
T ARANTO, Circuit Judge.
O R D E R
In response to this court’s December 5, 2022, order to
show cause, Flint Group, LLC urges dismissal of this ap-
peal. Marco Cabezas has not responded.
Mr. Cabezas brought this suit against Flint Group as-
serting violations of various employment laws. The United
States District Court for the Central District of California
granted Flint Group’s motion to dismiss the complaint
without prejudice in an order dated August 18, 2022. ECF
Case: 23-1060 Document: 12 Page: 1 Filed: 02/14/2023

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CABEZAS v. FLINT GROUP , LLC 2
No. 1-2 at 6–7. The district court received Mr. Cabezas’s
notice of appeal on October 17, 2022.
Mr. Cabezas’s appeal does not fall within the limited
authority that Congress granted to this court to review de-
cisions of federal district courts under 28 U.S.C. § 1295(a).
That jurisdiction extends only to cases arising under the
patent laws, see 28 U.S.C. § 1295(a)(1); civil actions on re-
view to the district court from the United States Patent and
Trademark Office, see § 1295(a)(4)(C); or 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 into any of those categories.
While Flint Group urges dismissal, under the circum-
stances, we deem it the better course to transfer the case
pursuant to 28 U.S.C. § 1631 to the United States Court of
Appeals for the Ninth Circuit, which may consider, for ex-
ample, timeliness of the appeal in light of the apparent lack
of entry of a separate judgment following the district
court’s August 18, 2022, dismissal order. See Fed. R. App.
P. 4(a)(1)(A) & (7)(A)(ii) (together setting 180-day deadline
to file notice of appeal from a final decision when no sepa-
rate document required under Fed. R. Civ. P. 58(a) is en-
tered).
Accordingly,
I T I S O RDERED T HAT :
The appeal and all its filings are transferred to the
United States Court of Appeals for the Ninth Circuit pur-
suant to 28 U.S.C. § 1631.
February 14, 2023
Date
F OR THE COURT
/s/ Peter R. Marksteiner
Peter R. Marksteiner
Clerk of Court
Case: 23-1060 Document: 12 Page: 2 Filed: 02/14/2023

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