Wilhemina Lumpkin v. KILOLO KIJAKAZI, Acting Commissioner of the So- cial Security Administration

N OTE: This order is nonprecedential.
United States Court of Appeals
for the Federal Circuit
______________________
WILHEMINA LUMPKIN,
Plaintiff-Appellant
v.
KILOLO KIJAKAZI, Acting Commissioner of the So-
cial Security Administration,
Defendant-Appellee
______________________
2023-1159
______________________
Appeal from the United States District Court for the
District of Connecticut in No. 3:20-cv-01516-RAR, Magis-
trate Judge Robert A. Richardson.
______________________
ON MOTION
______________________
Before T ARANTO, MAYER , and STOLL , Circuit Judges.
P ER CURIAM .
O R D E R
Wilhemina Lumpkin has filed an appeal from a final
judgment of the United States District Court for the Dis-
trict of Connecticut affirming the denial of her application
for social security disability benefits. Appellee moves to
Case: 23-1159 Document: 12 Page: 1 Filed: 01/31/2023

-- 1 of 2 --

LUMPKIN v. KIJAKAZI 2
transfer Ms. Lumpkin’s appeal to the United States Court
of Appeals for the Second Circuit. Ms. Lumpkin moves in
opposition of transfer. We grant the appellee’s motion.
Ms. Lumpkin’s appeal does not fall within the limited
authority that Congress granted this court to review deci-
sions of federal district courts under 28 U.S.C. § 1295(a).
That jurisdiction is limited to cases arising under the pa-
tent 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).
This case does not fall into any of those categories.
When this court lacks jurisdiction, we may transfer 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.” 28 U.S.C. § 1631. Appeals from district court deci-
sions issued under 42 U.S.C. § 405(g) generally belong in
the regional circuit in which the district court sits, in this
case the Second Circuit.
Accordingly,
I T I S O RDERED T HAT :
The appellee’s motion is granted, and Ms. Lumpkin’s
motion is denied. Pursuant to 28 U.S.C. § 1631, this case
and all transmittals are transferred to the United States
Court of Appeals for the Second Circuit.
January 31, 2023
Date
F OR THE COURT
/s/ Peter R. Marksteiner
Peter R. Marksteiner
Clerk of Court
Case: 23-1159 Document: 12 Page: 2 Filed: 01/31/2023

-- 2 of 2 --