Testo completo
N OTE: This order is nonprecedential.
United States Court of Appeals
for the Federal Circuit
______________________
B. K., a minor, by and through his guardian ad li-
tem, and parent, Aydin Kocataskin, AYDIN
KOCATASKIN, as guardian ad litem, and parent for
minor, B.K.,
Plaintiffs-Appellants
v.
SANTA MONICA-MALIBU UNIFIED SCHOOL
DISTRICT, COLEEN DAVENPORT, ANTONIO
SHELTON, JON KEAN, SANTA MONICA-MALIBU
SCHOOL BOARD, an administrative body,
Defendants-Appellees
______________________
2024-1594
______________________
Appeal from the United States District Court for the
Central District of California in No. 2:23-cv-05032-SPG-
MAA, Judge Sherilyn Peace Garnett.
______________________
Before L OURIE, D YK, and REYNA, Circuit Judges.
D YK, Circuit Judge.
O R D E R
Appellants appeal from the United States District
Court for the Central District of California’s judgment
Case: 24-1594 Document: 6 Page: 1 Filed: 05/28/2024
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B. K. v. SANTA MONICA-MALIBU SCHOOL DISTRICT 2
dismissing their complaint alleging various state claims
and civil rights and constitutional violations. In light of
the subject matter of the underlying case, this court di-
rected the parties to show cause why this court has juris-
diction over the appeal. Neither party has responded. We
determine that this case should be transferred to the
United States Court of Appeals for the Ninth Circuit.
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). This case is outside of that limited sub-
ject matter jurisdiction. We conclude it is appropriate pur-
suant to 28 U.S.C. § 1631 to transfer this appeal to where
it “could have been brought at the time it was filed,” in this
instance the Ninth Circuit. 28 U.S.C. §§ 41, 1291, 1294.
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.
May 28, 2024
Date
F OR THE COURT
Case: 24-1594 Document: 6 Page: 2 Filed: 05/28/2024
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