Timothy Peter Baker v. JANET NAPOLITANO, Secretary of Homeland Security

NOTE: This order is nonprecedential.

# United States Court of Appeals for the Federal Circuit

2009-1533

TIMOTHY PETER BAKER,
Plaintiff-Appellant,
V.
JANET NAPOLITANO, Secretary of Homeland Security,
Defendant-Appellee,
and
AMY KATHARINE JOHNSON and RYAN WEDLUND,
Defendants.

Appeal from the United States District Court for the Southern District of Alabama in
case no. 1:09-CV-00036, Judge Callie V.S. Granade.

ON MOTION

Before MICHEL, Chief Judge, SCHALL and LINN, Circuit Judges.
PER CURIAM.

ORDER

The parties respond to the court's November 2, 2009 order directing a response
as to whether this appeal should be transferred to the United States Court of Appeals
for the Eleventh Circuit or dismissed.

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Timothy Peter Baker appeals from a decision of the United States District Court
for the District of Alabama, dismissing his complaint with prejudice. Baker's complaint
alleged wrongdoing stemming from a prior settlement agreement between Baker and
the Department of Homeland Secretary. This court is a court of limited jurisdiction. 28
U.S.C. § 1295. Because this case does not fall within our jurisdiction, we transfer this
appeal to the United States Court of Appeals for the Eleventh Circuit pursuant to 28
U.S.C. § 1631.

Accordingly,

IT IS ORDERED THAT:

The motion to transfer is granted. The appeal is transferred to the United States
Court of Appeals for the Eleventh Circuit.

FOR THE COURT

DEC 1 7 2009

Date

/s/ Jan Horbaly
Jan Horbaly
Clerk

cc:
Timothy Peter Baker
Devin A. Wolak, Esq.
s19

FILED
U.S. COURT OF APPEALS FOR
THE FEDERAL CIRCUIT

DEC 17 2009
JAN HORBALY
CLERK

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