Opinion
2024-1698
06-25-2024
RICARDO JOSE CALDERON LOPEZ, Plaintiff-Appellant v. MARTIN J. O'MALLEY, Commissioner of the Social Security Administration, Defendant-Appellee
This order is nonprecedential.
Appeal from the United States District Court for the Central District of California in No. 2:23-cv-08244-DMG-SHK, Judge Dolly M. Gee.
ON MOTION
Before STOLL, CUNNINGHAM, and STARK, Circuit Judges.
ORDER
PER CURIAM.
In response to this court's April 24, 2024 show cause order, Ricardo Jose Calderon Lopez argues that this court has jurisdiction while the Commissioner of the Social Security Administration urges dismissal. Mr. Calderon Lopez also moves for sanctions.
On January 3, 2024, the district court dismissed Mr. Calderon Lopez's suit seeking review of a decision of the Commissioner under 42 U.S.C. § 405(g). On January 9, 2024, Mr. Calderon Lopez filed a notice of appeal to the United States Court of Appeals for the Ninth Circuit, and, on April 9, 2024, he filed a notice of appeal directed to this court.
Our jurisdiction to review district court decisions is generally limited to cases involving 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); and cases involving 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). Mr. Calderon Lopez's case, relating to review of the Commissioner's decision, does not fall within that jurisdiction. See 42 U.S.C. § 405(h). We conclude that dismissal, rather than transfer, is appropriate at least because Mr. Calderon Lopez has already appealed the same judgment to the Ninth Circuit. 28 U.S.C. §§ 41, 1291, 1294.
To the extent Mr. Calderon Lopez attempts to raise other issues that were not before the district court, such issues are not properly before this court.
Accordingly, IT IS ORDERED THAT:
(1) The appeal is dismissed.
(2) All pending motions are denied.
(3) Each side shall bear its own costs.