Susan Shultz v. Environmental Protection Agency

N OTE: This order is nonprecedential.
United States Court of Appeals
for the Federal Circuit
______________________
SUSAN SHULTZ,
Petitioner
v.
ENVIRONMENTAL PROTECTION AGENCY,
Respondent
______________________
2023-1285
______________________
Appeal from the Environmental Protection Agency in
No. AX-22-000-5703.
______________________
ON MOTION
______________________
Before D YK, REYNA, and CHEN, Circuit Judges.
P ER CURIAM .
O R D E R
Susan Shultz moves for leave to proceed in forma pau-
peris (ECF Nos. 3 and 8) and for “immediate relief” (ECF
Nos. 9 and 10). The Environmental Protection Agency
(“EPA”) submits a “stipulated dismissal” (ECF No. 13), but
in response to this court’s January 30, 2023, order, Ms.
Shultz, without addressing the stipulation, urges us to
Case: 23-1285 Document: 18 Page: 1 Filed: 03/02/2023

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SHULTZ v. EPA 2
retain jurisdiction over her case and submits a “writ of as-
sistance” (ECF No. 17).
Ms. Shultz’s appeal from a letter of the EPA in re-
sponse to her request for a site assessment does not fall
within the limited jurisdiction that Congress granted to
this court under 28 U.S.C. § 1295 or otherwise. While 28
U.S.C. § 1631 authorizes this court to transfer a case, we
are not convinced that the requirements under that provi-
sion have been met here.
Accordingly,
I T I S O RDERED T HAT :
(1) This case is dismissed.
(2) All pending motions are denied as moot.
March 2, 2023
Date
F OR THE COURT
/s/ Peter R. Marksteiner
Peter R. Marksteiner
Clerk of Court
Case: 23-1285 Document: 18 Page: 2 Filed: 03/02/2023

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