Eloy Mascorro v. San Diego County, Ca, the San Diego Sherrif's Department, San Diego Sheriff, Sheriff…

N OTE: This order is nonprecedential.
United States Court of Appeals
for the Federal Circuit
______________________
ELOY MASCORRO,
Plaintiff-Appellant
v.
SAN DIEGO COUNTY, CA, THE SAN DIEGO
SHERRIF'S DEPARTMENT, SAN DIEGO SHERIFF,
SHERIFF DEPUTIES, JAIL STAFF, C.L.E.R.B.,
Defendants-Appellees
______________________
2023-1974
______________________
Appeal from the United States District Court for the
Southern District of California in No. 3:21-cv-02012-RSH-
DDL, Judge Robert S. Huie.
______________________
Before P ROST , HUGHES , and STOLL , 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 complaint asserting civil rights violations against Cali-
fornia state entities. Because it appeared we lacked juris-
diction, we directed the parties to show cause why this case
should not be transferred or dismissed. In response, Mr.
Case: 23-1974 Document: 6 Page: 1 Filed: 12/15/2023

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MASCORRO v. SAN DIEGO COUNTY , CA 2
Mascorro requests transfer to the United States Court of
Appeals for the Ninth Circuit, stating that was where he
intended his appeal to be heard. ECF No. 5 at 3.
This appeal does not fall within the limited authority
that Congress granted this court to review decisions of fed-
eral district courts. That jurisdiction generally extends to
cases arising under the patent 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 certain damages claims against the
United States “not exceeding $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). Lacking jurisdiction, we may transfer to an-
other court where “the action or appeal could have been
brought at the time it was filed.” 28 U.S.C. § 1631. Here,
the appropriate court is the Ninth Circuit.
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.
December 15, 2023
Date
F OR THE COURT
Case: 23-1974 Document: 6 Page: 2 Filed: 12/15/2023

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