Moreno v. Nizer — Federal Circuit dismissed appeal for lack of jurisdiction and declined transfer

Case
Rosalyn E. Moreno v. Christine E. Nizer, Shafiq Rahman, Natalie E. Harris, and Katie O. Savage
Court
U.S. Court of Appeals for the Federal Circuit
Judge
Chen; Linn; Cunningham
Date Decided
October 26, 2026
Docket No.
2026-1995
Topics
Appellate Jurisdiction; Transfer; Section 1983; Nonprecedential Orders
Source
Read the full opinion

Background

Rosalyn E. Moreno sued Maryland state officials and employees in the U.S. District Court for the District of Colorado. Her complaint asserted state-law claims and alleged violations of 42 U.S.C. § 1983, the Privacy Act, and the False Claims Act.

After the district court dismissed the complaint, Moreno appealed to both the Federal Circuit and the U.S. Court of Appeals for the Tenth Circuit. The Federal Circuit issued a show-cause order and then considered whether it possessed jurisdiction or should transfer the appeal to the Tenth Circuit.

The Court’s Holding

In a nonprecedential per curiam order, the Federal Circuit dismissed the appeal because it fell outside the court’s limited appellate jurisdiction. The case did not arise under the patent laws, involve district-court review of a U.S. Patent and Trademark Office matter, or present a qualifying damages claim against the United States.

The court also declined to transfer the appeal to the Tenth Circuit. Although the Federal Circuit had authority to transfer the matter to the court with proper jurisdiction, it concluded that transfer would not serve the interest of justice, at least because the Tenth Circuit had already dismissed Moreno’s appeal from the same underlying case. Each side was ordered to bear its own costs.

Key Takeaways

  • The Federal Circuit’s jurisdiction over district-court appeals is limited and did not encompass Moreno’s state-law and federal statutory claims against Maryland officials and employees.
  • A court’s authority to transfer an appeal does not require transfer; the interest-of-justice standard still governs.
  • The prior dismissal of Moreno’s parallel Tenth Circuit appeal weighed against transferring the Federal Circuit appeal to that court.

Why It Matters

The order illustrates the importance of filing an appeal in the circuit with statutory authority to review the district court’s decision. The Federal Circuit does not acquire jurisdiction merely because a litigant files a notice of appeal there.

It also shows that filing parallel appeals may not preserve appellate review through transfer. When the proper regional circuit has already dismissed an appeal from the same case, the Federal Circuit may find that another transfer would not serve the interest of justice.

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