FULKERSON v. NEW MEXICO DEPARTMENT OF JUSTICE
District Court
Holding
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.
Why It Matters
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.
Full Summary
Key Points
- 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- The order is nonprecedential.
How this summary was made: Drafted with AI from the court's opinion or order. Read the document itself before relying on the summary. Editorial policy
New to District court litigation? Start with PTAB vs. District Court: Where to Challenge a Patent’s Validity
