Herman Leon Brickey v. Amazon.com and Cdbaby.com

N OTE: This order is nonprecedential.
United States Court of Appeals
for the Federal Circuit
______________________
HERMAN LEON BRICKEY,
Plaintiff-Appellant,
v.
AMAZON.COM AND CDBABY.COM,
Defendants-Appellees,
AND
JEFFORY BEZOS, PRESIDENT, PARTNER, CD
UNIVERSE, AND REBECCA VALADEZ,
Defendants.
______________________
2014-1706
______________________
Appeal from the United States District Court for the
Western District of Texas in No. 5:13-cv-00961-XR, Judge
Xavier Rodriguez.
______________________
Before P ROST , Chief Judge, D YK and MOORE, Circuit
Judges.
P ER CURIAM.
O R D E R
Case: 14-1706 Document: 2 Page: 1 Filed: 10/07/2014

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BRICKEY v. AMAZON. COM 2
Upon review of the docket, we determine that this ap-
peal must be dismissed for lack of jurisdiction.
The case in the district court involves claims, inter
alia, of copyright infringement. It does not involve claims
of patent infringement. This court is a court of limited
jurisdiction, which does not include jurisdiction over this
appeal. 28 U.S.C. § 1295.
Although we may transfer an appeal to a court that
would have jurisdiction if an appeal could have been
brought in that other court, pursuant to 28 U.S.C. § 1631,
we note that the district court has not yet entered a final
judgment in the case. Thus, transfer to the United States
Court of Appeals for the Fifth Circuit is not appropriate
here because the appeal could not “have been brought at
the time it was filed.” 28 U.S.C. § 1631.
Accordingly,
I T I S O RDERED T HAT :
This appeal is dismissed for lack of jurisdiction.
F OR THE COURT
/s/ Daniel E. O’Toole
Daniel E. O’Toole
Clerk of Court
s26
Case: 14-1706 Document: 2 Page: 2 Filed: 10/07/2014

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