Montero v. United States

• Court: Court of Appeals for the Federal Circuit
• Decided: October 30, 2023
• Docket: 23-2059
• Status: Unpublished

Opinion

Case: 23-2059 Document: 10 Page: 1 Filed: 10/30/2023

NOTE: This order is nonprecedential.

United States Court of Appeals for the Federal Circuit ______________________

GUILLERMO A. MONTERO, Plaintiff-Appellant

v.

UNITED STATES, DANIEL SANTILLI, Defendants-Appellees ______________________

2023-2059 ______________________

Appeal from the United States District Court for the Southern District of Florida in No. 1:22-cv-20168-RNS, Judge Robert N. Scola, Jr. ______________________

PER CURIAM. ORDER Having considered the parties’ responses to this court’s August 3, 2023, show cause order, we now transfer the case to the United States Court of Appeals for the Eleventh Cir- cuit under 28 U.S.C. § 1631. Guillermo A. Montero brought this suit against the United States in the United States District Court for the Southern District of Florida seeking in excess of $20,000,000 for alleged fraud and violations of the Takings Case: 23-2059 Document: 10 Page: 2 Filed: 10/30/2023

Clause of the Fifth Amendment as well as state law. The district court dismissed, and Mr. Montero appeals. This appeal does not fall within the limited authority that Congress granted this court to review decisions of dis- trict courts under 28 U.S.C. § 1295(a). In particular, alt- hough we have jurisdiction to review decisions that involve certain claims against the United States “not exceeding $10,000 in amount,” 28 U.S.C. § 1346(a)(2); see § 1295(a)(2), Mr. Montero seeks more than that amount. We therefore lack jurisdiction. See Bragg v. Keohane, 820 F.2d 402, 403–04 (Fed. Cir. 1987). Where we lack jurisdic- tion, and if it is in the interest of justice, we shall transfer a case to an appropriate court. See 28 U.S.C. § 1631. Here, the appropriate regional circuit for review of Mr. Montero’s appeal is the United States Court of Appeals for the Elev- enth Circuit. 28 U.S.C. §§ 41, 1291. Accordingly, IT IS ORDERED THAT: The appeal and all its filings are transferred to the United States Court of Appeals for the Eleventh Circuit pursuant to 28 U.S.C. § 1631. FOR THE COURT

October 30, 2023 /s/ Jarrett B. Perlow Date Jarrett B. Perlow Clerk of Court