Guillermo A. Montero v. United States, Daniel Santilli

NOTE: This order is nonprecedential.
United States Court of Appeals
for the Federal Circuit
______________________
GUILLERMO A. MONTERO,
Plaintiff-Appellant
v.
UNITED STATES, DANIEL SANTILLI,
Defendants-Appellees
______________________
2023-2059
______________________
Appeal from the United States District Court for the
Southern District of Florida in No. 1:22-cv-20168-RNS,
Judge Robert N. Scola, Jr.
______________________
PER C URIAM.
O R D E R
Having considered the parties’ responses to this court’s
August 3, 2023, show cause order, we now transfer the case
to the United States Court of Appeals for the Eleventh Cir-
cuit under 28 U.S.C. § 1631.
Guillermo A. Montero brought this suit against the
United States in the United States District Court for the
Southern District of Florida seeking in excess of
$20,000,000 for alleged fraud and violations of the Takings
Case: 23-2059 Document: 10 Page: 1 Filed: 10/30/2023

-- 1 of 2 --

MONTERO v. US 2
Clause of the Fifth Amendment as well as state law. The
district court dismissed, and Mr. Montero appeals.
This appeal does not fall within the limited authority
that Congress granted this court to review decisions of dis-
trict courts under 28 U.S.C. § 1295(a). In particular, alt-
hough we have jurisdiction to review decisions that involve
certain claims against the United States “not exceeding
$10,000 in amount,” 28 U.S.C. § 1346(a)(2); see
§ 1295(a)(2), Mr. Montero seeks more than that amount.
We therefore lack jurisdiction. See Bragg v. Keohane, 820
F.2d 402, 403–04 (Fed. Cir. 1987). Where we lack jurisdic-
tion, and if it is in the interest of justice, we shall transfer
a case to an appropriate court. See 28 U.S.C. § 1631. Here,
the appropriate regional circuit for review of Mr. Montero’s
appeal is the United States Court of Appeals for the Elev-
enth Circuit. 28 U.S.C. §§ 41, 1291.
Accordingly,
IT IS O RDERED THAT:
The appeal and all its filings are transferred to the
United States Court of Appeals for the Eleventh Circuit
pursuant to 28 U.S.C. § 1631.
October 30, 2023
Date
FOR THE COURT
/s/ Jarrett B. Perlow
Jarrett B. Perlow
Clerk of Court
Case: 23-2059 Document: 10 Page: 2 Filed: 10/30/2023

-- 2 of 2 --