Dennis Lee Maxberry v. DANIEL PATRICK DRISCOLL, Secretary of the De- partment of the Army on behalf of the…

N OTE: This order is nonprecedential.
United States Court of Appeals
for the Federal Circuit
______________________
DENNIS LEE MAXBERRY,
Plaintiff-Appellant
v.
DANIEL PATRICK DRISCOLL, Secretary of the De-
partment of the Army on behalf of the Board of Cor-
rection of Military Records Agency,
Defendant-Appellee
______________________
2025-1569
______________________
Appeal from the United States District Court for the
District of Columbia in No. 1:23-cv-01283-ACR, Judge Ana
C. Reyes.
______________________
ON MOTION
______________________
P ER CURIAM .
O R D E R
In response to the court’s April 15, 2025 order to show
cause, Secretary Daniel Patrick Driscoll urges dismissal of
this appeal for lack of jurisdiction. Dennis Lee Maxberry
responds and moves for various relief.
Case: 25-1569 Document: 15 Page: 1 Filed: 06/24/2025

-- 1 of 3 --

MAXBERRY v. DRISCOLL 2
Mr. Maxberry filed suit in the United States District
Court for the District of Columbia, seeking injunctive relief
and monetary damages exceeding $10,000 for various al-
leged Constitutional violations in connection with his 1978
discharge from the Army. The district court granted the
Secretary’s motion to dismiss for lack of jurisdiction, find-
ing that Mr. Maxberry’s claims could only be brought in the
United States Court of Federal Claims where he had al-
ready unsuccessfully attempted to pursue similar relief.
Mr. Maxberry filed notices of appeal naming both this
court, ECF No. 1-2 at 1, 5, and the United States Court of
Appeals for the District of Columbia Circuit, id. at 2.
This court’s jurisdiction to review decisions of federal
district courts is generally limited to appeals 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 id. § 1295(a)(4)(C); or certain
damages claims against the United States “not exceeding
$10,000 in amount,” id. § 1346(a)(2), see id. § 1295(a)(2).
This appeal does not fall within any of those categories.
Because this court clearly lacks jurisdiction and the notice
of appeal names the applicable regional circuit, we deem it
appropriate to transfer. See Fed. R. App. P. 3(d)(1) (provid-
ing that the district court clerk “must promptly send a copy
of the notice of appeal . . . to the clerk of the court of appeals
named in the notice”); 28 U.S.C. §§ 41, 1291, 1631.
Accordingly,
Case: 25-1569 Document: 15 Page: 2 Filed: 06/24/2025

-- 2 of 3 --

MAXBERRY v. DRISCOLL 3
I T I S O RDERED T HAT :
This matter and all case filings are transferred to the
United States Court of Appeals for the District of Columbia
Circuit pursuant to 28 U.S.C. § 1631.
June 24, 2025
Date
F OR THE COURT
Case: 25-1569 Document: 15 Page: 3 Filed: 06/24/2025

-- 3 of 3 --