Leopold R. Brandenburg, Sr. v. U.s. Department of State

N OTE: This order is nonprecedential.
United States Court of Appeals
for the Federal Circuit
______________________
LEOPOLD R. BRANDENBURG, SR.,
Plaintiff-Appellant
v.
U.S. DEPARTMENT OF STATE,
Defendant-Appellee
______________________
2023-2259
______________________
Appeal from the United States District Court for the
District of Columbia in No. 1:22-cv-02120-BAH, Judge
Beryl A. Howell.
______________________
Before P ROST , HUGHES , and STOLL , Circuit Judges.
P ER CURIAM .
O R D E R
Leopold R. Brandenburg, Sr. brought this action chal-
lenging his separation from federal employment and the
denial of a waiver from his obligation to pay back over
$100,000 in unearned salary. The United States District
Court for the District of Columbia dismissed his complaint.
Mr. Brandenburg has appealed that judgment to this court.
Having now considered the parties’ responses to this
court’s show cause order, we transfer the case to the United
Case: 23-2259 Document: 23 Page: 1 Filed: 12/14/2023

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BRANDENBURG v. U. S. DEPARTMENT OF STATE 2
States Court of Appeals for the District of Columbia Cir-
cuit.
This appeal does not fall within the limited authority
that Congress granted this court to review decisions of fed-
eral district courts. That jurisdiction generally extends to
cases arising under 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); 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); 28 U.S.C.
§ 1292(c)(1); Bragg v. Keohane, 820 F.2d 402, 403–04 (Fed.
Cir. 1987). And Mr. Brandenburg’s case does not fit into
any of those categories. Accordingly, we transfer to the
D.C. Circuit. See 28 U.S.C. §§ 1291, 1294(1); 28 U.S.C.
§ 1631.
Accordingly,
I T I S O RDERED T HAT :
This appeal and all transmittals are transferred to the
United States Court of Appeals for the District of Columbia
Circuit pursuant to 28 U.S.C. § 1631.
December 14, 2023
Date
F OR THE COURT
Case: 23-2259 Document: 23 Page: 2 Filed: 12/14/2023

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