United States v. Joseph P. Schiaffino

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# United States Court of Appeals for the Federal Circuit

2009-1464

UNITED STATES,

Plaintiff-Appellee,

V.

JOSEPH P. SCHIAFFINO,

Defendant-Appellant.

Appeal from the United States Court for the Eastern District of Pennsylvania in case no.
07-CV-2194, Senior Judge Robert F. Kelly.

ON MOTION

Before LOURIE, FRIEDMAN, and GAJARSA, Circuit Judges.
PER CURIAM.

## ORDER

The United States moves to transfer this appeal to the United States Court of
Appeals for the Third Circuit. Joseph P. Schiaffino opposes. Schiaffino also moves for
leave to proceed in forma pauperis.

Schiaffino filed a challenge to a federal tax lien in Pennsylvania state court. The
case was removed to the United States District Court for the Eastern District of
Pennsylvania and the district court dismissed his case for lack of jurisdiction. Schiaffino
now seeks review by this court.

Pursuant to 28 U.S.C. § 1295(a)(2), this court lacks jurisdiction over Schiaffino's
appeal. This court's jurisdiction over appeals of district court decisions is limited
primarily to cases involving patents and certain suits against the United States not

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exceeding $10,000. Schiaffino should have filed his appeal in the United States Court
of Appeals for the Third Circuit.

Accordingly,

IT IS ORDERED THAT:

The motion to transfer is granted. This case and the motion for leave to proceed
in forma pauperis are transferred to the United States Court of Appeals for the Third
Circuit.

FOR THE COURT

OCT 0 9 2009

/s/ Jan Horbaly

Date

Jan Horbaly Clerk

FILED U.S. COURT OF APPEALS FOR THE FEDERAL

cc:

Joseph P. Schiaffino

CIRCUIT

Laurie A. Snyder, Esq.

OCT 09 2009

s20

JAN HORBALY

ISSUED

AS A MANDATE:

OCT 0 9 2009

CLERK

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