Eloy Mascorro v. the City of San Diego, the San Diego Police Department, the San Diego Chief of…

N OTE: This order is nonprecedential.
United States Court of Appeals
for the Federal Circuit
______________________
ELOY MASCORRO,
Plaintiff-Appellant
v.
THE CITY OF SAN DIEGO, THE SAN DIEGO
POLICE DEPARTMENT, THE SAN DIEGO CHIEF
OF POLICE, OFFICERS 1-4,
Defendants-Appellees
______________________
2024-1497
______________________
Appeal from the United States District Court for the
Southern District of California in No. 3:21-cv-01725-RSH-
DDL, Judge Robert S. Huie.
______________________
Before CHEN, L INN, and HUGHES , Circuit Judges.
P ER CURIAM .
O R D E R
Eloy Mascorro appeals from the United States District
Court for the Southern District of California’s dismissal of
his civil rights action against the listed defendants. In re-
sponse to the court’s March 14, 2024 order to show cause,
Mr. Mascorro urges transfer to the United States Court of
Appeals for the Ninth Circuit.
Case: 24-1497 Document: 8 Page: 1 Filed: 04/11/2024

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MASCORRO v. CITY OF SAN DIEGO 2
Our jurisdiction to review decisions of federal district
courts generally extends only 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 cases involving
certain damages claims against the United States “not ex-
ceeding $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 out-
side of that limited subject matter 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. Here, the court con-
cludes it appropriate to transfer to the Ninth Circuit. 28
U.S.C. §§ 41, 1291.
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 Ninth Circuit pur-
suant to 28 U.S.C. § 1631.
April 11, 2024
Date
F OR THE COURT
Case: 24-1497 Document: 8 Page: 2 Filed: 04/11/2024

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