David Rowland Manuel v. United States

N OTE: This order is nonprecedential.
United States Court of Appeals
for the Federal Circuit
______________________
DAVID ROWLAND MANUEL,
Petitioner-Appellant
v.
UNITED STATES,
Respondent-Appellee
______________________
2023-1388
______________________
Appeal from the United States District Court for the
District of Columbia in No. 1:22-cv-03619-UNA, Judge
Amy Berman Jackson.
______________________
P ER CURIAM .
O R D E R
Having received no responses to the order to show
cause why this case should not be dismissed or transferred
for lack of jurisdiction, we conclude that transfer under 28
U.S.C. § 1631 is appropriate under the circumstances.
David Rowland Manuel brought suit against the
United States in the United States District Court for the
District of Columbia seeking $15,000 for alleged criminal
violations of the Privacy Act under 5 U.S.C.
§ 552a(i)(1), (2), (3). The district court dismissed the
Case: 23-1388 Document: 4 Page: 1 Filed: 04/06/2023

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MANUEL v. US 2
complaint without prejudice, and Mr. Manuel appeals to
this court.
Although this court possesses jurisdiction to review
district court decisions 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. Manuel’s claim against the United States exceeds
$10,000. Thus, “the district court’s jurisdiction was not
based, ‘in whole or in part, on [28 U.S.C. § 1346].’ That
being the case, this court has no jurisdiction over [Mr. Ma-
nuel’s] appeal from the district court judgment.” Bragg v.
Keohane, 820 F.2d 402, 403–04 (Fed. Cir. 1987) (quoting 28
U.S.C. § 1295(a)(2)). The appropriate regional circuit for
review of Mr. Manuel’s appeal is the United States Court
of Appeals for the D.C. Circuit. 28 U.S.C. §§ 41, 1291.
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 D.C. Circuit pursu-
ant to 28 U.S.C. § 1631.
April 6, 2023
Date
F OR THE COURT
/s/ Peter R. Marksteiner
Peter R. Marksteiner
Clerk of Court
Case: 23-1388 Document: 4 Page: 2 Filed: 04/06/2023

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