Keolattana Tootoo Saphilom v. Newrez LLC, Shellpoint Mortgage Services

N OTE: This order is nonprecedential.
United States Court of Appeals
for the Federal Circuit
______________________
KEOLATTANA TOOTOO SAPHILOM,
Plaintiff-Appellant
v.
NEWREZ LLC, SHELLPOINT MORTGAGE
SERVICES,
Defendants-Appellees
______________________
2024-2060
______________________
Appeal from the United States District Court for the
Western District of Virginia in No. 3:24-cv-00008-NKM-
JCH, Senior Judge Norman K. Moon.
______________________
ON MOTION
______________________
Before L OURIE, C UNNINGHAM , and STARK, Circuit Judges.
P ER CURIAM .
O R D E R
Keolattana Tootoo Saphilom appeals from the district
court’s judgment dismissing her complaint in this foreclo-
sure action. She moves for leave to proceed in forma pau-
peris. The appellees move to dismiss for lack of
Case: 24-2060 Document: 21 Page: 1 Filed: 08/21/2024

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SAPHILOM v. NEWREZ LLC 2
jurisdiction. Ms. Saphilom responds, asking “this court to
deny [the] motion to dismiss,” to “transfer to the appropri-
ate jurisdiction if this jurisdiction is not appropriate,” and
to grant a “stay pending appeal.” ECF No. 19 at 3.
Our jurisdiction to review decisions of federal district
courts extends only to cases arising under the patent laws,
see 28 U.S.C. § 1295(a)(1); civil actions on review to the dis-
trict court from the United States Patent and Trademark
Office, see § 1295(a)(4)(C); or cases involving certain dam-
ages 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). This case is outside of
that limited subject matter jurisdiction.
We may transfer a civil action 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.” See 28 U.S.C.
§ 1631. Although the appellees argue that this case should
be dismissed on frivolousness grounds, we deem it the bet-
ter course to transfer this appeal to the United States
Court of Appeals for the Fourth Circuit for that court to
consider appellant’s arguments regarding the merits.
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 Fourth Circuit pur-
suant to 28 U.S.C. § 1631.
August 21, 2024
Date
F OR THE COURT
Case: 24-2060 Document: 21 Page: 2 Filed: 08/21/2024

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