24-1813•Tonya L. Randleman v. Firelands Habitat for Humanity, Inc.
24-1813Court of Appeals for the Federal Circuit22 de jul. de 2024
N OTE: This order is nonprecedential.
United States Court of Appeals
for the Federal Circuit
______________________
TONYA L. RANDLEMAN,
Plaintiff-Appellant
v.
FIRELANDS HABITAT FOR HUMANITY, INC.,
Defendant-Appellee
______________________
2024-1813
______________________
Appeal from the United States District Court for the
Northern District of Ohio in No. 3:24-cv-00760-JJH, Judge
Jeffrey J. Helmick.
______________________
Before P ROST , T ARANTO, and HUGHES , Circuit Judges.
P ER CURIAM .
O R D E R
The court considers the parties’ responses to the May
23, 2024 order to show cause.
Firelands Habitat for Humanity filed a foreclosure ac-
tion against Ms. Randleman in a state court in Ohio. Ms.
Randleman removed the action to the United States Dis-
trict Court for the Northern District of Ohio, but that court
later issued an order remanding the case to state court, ex-
plaining the court “lacks original jurisdiction over the
Case: 24-1813 Document: 15 Page: 1 Filed: 07/22/2024
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RANDLEMAN v. FIRELANDS HABITAT FOR HUMANITY , INC. 2
foreclosure action” because “[t]he foreclosure action filed by
Firelands Habitat for Humanity in state court was based
on state law” and Ms. Randleman’s “[f]ederal counter-
claims and defenses are inadequate to confer federal juris-
diction.” ECF No. 1-2 at 9–10 (citation omitted).
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 28 U.S.C. § 1295(a)(4)(C); or cases
involving certain damages claims against the United
States “not exceeding $10,000 in amount,” 28 U.S.C.
§ 1346(a)(2); see also 28 U.S.C. § 1295(a)(2); 28 U.S.C.
§ 1292(c)(1). This case is outside of that limited subject
matter jurisdiction.
Though Firelands Habitat for Humanity urges dismis-
sal, we deem it the better course to transfer pursuant to 28
U.S.C. § 1631 to the United States Court of Appeals for the
Sixth Circuit, which can address Firelands Habitat for Hu-
manity’s contentions regarding delay and whether appel-
late review is precluded under 28 U.S.C. § 1447(d).
Accordingly,
I T I S O RDERED T HAT :
This appeal and all its filings are transferred to the
United States Court of Appeals for the Sixth Circuit pur-
suant to 28 U.S.C. 1631.
July 22, 2024
Date
F OR THE COURT
Case: 24-1813 Document: 15 Page: 2 Filed: 07/22/2024
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