FULKERSON v. NEW MEXICO DEPARTMENT OF JUSTICE

FULKERSON v. NEW MEXICO DEPARTMENT OF JUSTICE [ORDER] The Federal Circuit held that Fulkerson failed to show the appeal fell within the court’s limited district-court appellate jurisdiction under 28 U.S.C. § 1295. Rather than dismiss, the court transferred the appeal and all filings to the Tenth Circuit under 28 U.S.C. § 1631. The order is a reminder that naming the Federal Circuit or referencing MSPB-related history does not create Federal Circuit jurisdiction over a district-court appeal lacking a patent, qualifying PTO-review, or other statutory basis. Transferred to the United States Court of Appeals for the Tenth Circuit. The underlying complaint sought damages for alleged constitutional and civil-rights violations tied to litigation involving Fulkerson’s prior Social Security Administration employment. Fulkerson invoked 28 U.S.C. § 1295(a)(9), arguing that his complaint referenced prior MSPB appeals. The court explained that this was an appeal from a district-court dismissal, and Fulkerson did not show a basis for Federal Circuit jurisdiction under § 1295. The court chose transfer under 28 U.S.C. § 1631 rather than dismissal on the merits. The order is nonprecedential. standing / jurisdiction remand non-precedential damages standing / jurisdiction remand non-precedential damages standing / jurisdiction remand non-precedential