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Fromal v. Carrico

Citation: 25 F. App'x 851Docket: No. 01-1602

Court: Court of Appeals for the Federal Circuit; September 26, 2001; Federal Appellate Court

Narrative Opinion Summary

The court lacks jurisdiction over Patricia Watkins Fromal's appeal regarding her dismissed claims for civil rights violations under 42 U.S.C. 1983 and federal RICO violations under 18 U.S.C. 1961. The United States District Court for the District of Columbia dismissed these claims on July 30, 2001, due to improper venue. The appellate court's jurisdiction is primarily limited to patent law cases and specific claims against the federal government for damages not exceeding $10,000, as outlined in 28 U.S.C. 1295. Since civil rights and RICO claims do not fit within this jurisdiction, the court plans to transfer the appeal to the United States Court of Appeals for the District of Columbia Circuit under 28 U.S.C. 1631 unless there is an objection within 14 days from the order's filing date.

Legal Issues Addressed

Improper Venue for Civil Rights and RICO Claims

Application: The court dismissed the claims due to improper venue, highlighting the necessity of filing in the correct jurisdiction.

Reasoning: The United States District Court for the District of Columbia dismissed these claims on July 30, 2001, due to improper venue.

Jurisdiction of Appellate Courts

Application: The court is evaluating its jurisdiction to hear civil rights and RICO claims, which do not fall under its typical jurisdictional scope.

Reasoning: The appellate court's jurisdiction is primarily limited to patent law cases and specific claims against the federal government for damages not exceeding $10,000, as outlined in 28 U.S.C. 1295.

Transfer of Appeals for Improper Venue

Application: The case discusses transferring the appeal to a more appropriate court due to lack of jurisdiction.

Reasoning: Since civil rights and RICO claims do not fit within this jurisdiction, the court plans to transfer the appeal to the United States Court of Appeals for the District of Columbia Circuit under 28 U.S.C. 1631 unless there is an objection within 14 days from the order's filing date.