Case: 22-1965 Document: 10 Page: 1 Filed: 10/18/2022
NOTE: This order is nonprecedential.
United States Court of Appeals
for the Federal Circuit
______________________
EMPRESS HADIYA BEY,
Plaintiff-Appellant
v.
JOSEPHINE ANTOINE, Both in her Individual and
Official capacity,
Defendant
MICHAEL MANCILLA, HENRI ROC, FRANCIS
SHEA, JASON ROCKE,
Defendants-Appellees
______________________
2022-1965
______________________
Appeal from the United States District Court for the
Eastern District of New York in No. 1:19-cv-01877-PKC-
RER, Judge Pamela K. Chen.
______________________
ON MOTION
______________________
PER CURIAM.
ORDER
Responding to the court’s August 18, 2022, order to
show cause, the appellees urge dismissal of this appeal for
Case: 22-1965 Document: 10 Page: 2 Filed: 10/18/2022
2 BEY v. ANTOINE
lack of subject matter jurisdiction and finality. Empress
Hadiya Bey moves for leave to proceed in forma pauperis
and responds in favor of this court’s jurisdiction or, failing
that, by requesting transfer to the Supreme Court of the
United States.
Ms. Bey filed the operative complaint at the United
States District Court for the Eastern District of New York,
alleging various state and local officials violated her consti-
tutional rights and federal laws. Our jurisdiction as it re-
lates to decisions from 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 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). Ms. Bey’s
case falls outside of that limited jurisdiction.
When this court lacks jurisdiction, we may transfer 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.” 28 U.S.C. § 1631. That would not be the Supreme
Court. See 28 U.S.C. § 1251 et seq. To the extent a court
of appeals would have jurisdiction over the challenged or-
ders in this case, it would be the United States Court of
Appeals for the Second Circuit. We deem it appropriate to
transfer the appeal to the Second Circuit for it to resolve
appellees’ arguments concerning finality.
Accordingly,
IT IS ORDERED THAT:
Pursuant to 28 U.S.C. § 1631, this appeal and all trans-
mittals are transferred to the United States Court of
Case: 22-1965 Document: 10 Page: 3 Filed: 10/18/2022
BEY v. ANTOINE 3
Appeals for the Second Circuit.
FOR THE COURT
OCTOBER 18, 2022 /s/ Peter R. Marksteiner
Date Peter R. Marksteiner
Clerk of Court
Bey v. Antoine
Combined Opinion