Opinion
2024-2060
08-21-2024
KEOLATTANA TOOTOO SAPHILOM, Plaintiff-Appellant v. NEWREZ LLC, SHELLPOINT MORTGAGE SERVICES, Defendants-Appellees
This order is nonprecedential.
Appeal from the United States District Court for the Western District of Virginia in No. 3:24-cv-00008-NKM-JCH, Norman K. Moon, Senior Judge.
ON MOTION
Before LOURIE, CUNNINGHAM, and STARK, Circuit Judges.
ORDER
PER CURIAM.
Keolattana Tootoo Saphilom appeals from the district court's judgment dismissing her complaint in this foreclosure action. She moves for leave to proceed in forma pauperis. The appellees move to dismiss for lack of jurisdiction. Ms. Saphilom responds, asking "this court to deny [the] motion to dismiss," to "transfer to the appropriate jurisdiction if this jurisdiction is not appropriate," and to grant a "stay pending appeal." ECF No. 19 at 3.
Our jurisdiction to review decisions of federal district courts extends only 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 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); 28 U.S.C. § 1292(c)(1). This case is outside of that limited subject matter jurisdiction.
We may transfer a civil action to another court, if it is in the interest of justice, where "the action or appeal could have been brought at the time it was filed." See 28 U.S.C. § 1631. Although the appellees argue that this case should be dismissed on frivolousness grounds, we deem it the better course to transfer this appeal to the United States Court of Appeals for the Fourth Circuit for that court to consider appellant's arguments regarding the merits.
Accordingly, IT IS ORDERED THAT:
The appeal and all its filings are transferred to the United States Court of Appeals for the Fourth Circuit pursuant to 28 U.S.C. § 1631.