Eric Emanuel Taylor v. People of the Venue of the Foreign United States of America

NOTE: This order is nonprecedential.
United States Court of Appeals
for the Federal Circuit
______________________
ERIC EMANUEL TAYLOR,
Petitioner
v.
PEOPLE OF THE VENUE OF THE FOREIGN
UNITED STATES OF AMERICA,
Respondent
______________________
2026-134
______________________
On Petition for Permission to Appeal pursuant to 28
U.S.C. Section 1292(b) from the United States District
Court for the District of Columbia in No. 1:25-cv-03967-
UNA, Judge Tanya S. Chutkan.
______________________
ON PETITION
______________________
PER CURIAM.
O R D E R
On March 9, 2026, the United States District Court for
the District of Columbia dismissed Eric Emanuel Taylor’s
complaint alleging, among other things, the “government’s
perpetration of tort,” Compl. at 1. On March 23, 2026, this
court received Mr. Taylor’s “petit[i]on for appeal by
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permission,” which also includes a request for this court to
transfer the appeal to the Supreme Court of the United
States. ECF No. 2-1 at 1, 3. We deny the petition but treat
the submission as a timely notice of appeal and direct the
parties to show cause whether this court has jurisdiction.
As relevant here, 28 U.S.C. § 1292(b) authorizes a court
of appeals to permit an appeal of an interlocutory order
only after the district court has certified that the appeal
presents a controlling question of law as to which there is
substantial ground for difference of opinion and that an im-
mediate appeal from the order may materially advance the
ultimate termination of the litigation. The district court
did not issue a certification in this case. Therefore, Mr.
Taylor cannot bring any appeal under section 1292(b).
Nonetheless, Mr. Taylor’s petition seeks review of a “fi-
nal appealable Order,” ECF No. 2-1 at 7, and bears all the
necessary hallmarks of a timely notice of appeal from a fi-
nal, appealable decision. We therefore treat it as such, and
transmit the filing, ECF No. 2, to the Clerk of the District
Court for the District of Columbia for docketing as a notice
of appeal from No. 1:25-cv-03967-UNA filed on March 23,
2026. See Fed. R. App. P. 4(d) (“If a notice of appeal . . . is
mistakenly filed in the court of appeals, the clerk of that
court must note on the notice the date when it was received
and send it to the district clerk. The notice is then consid-
ered filed in the district court on the date so noted.”). Once
received by that clerk, the district court shall transmit the
notice of appeal back to this court for docketing.
In the meantime, the parties are directed to show cause
as to why this court has jurisdiction over Mr. Taylor’s ap-
peal. Although this court has jurisdiction to review certain
district court decisions, that authority is limited in a way
that may apply here: We generally only review such cases
that arise under the patent laws, see 28 U.S.C. § 1295(a)(1);
civil actions on review to the district court from the United
States Patent and Trademark Office, see id.
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§ 1295(a)(4)(C); or cases involving certain damages claims
against the United States “not exceeding $10,000 in
amount,” id. § 1346(a)(2), see id. § 1295(a)(2). Where this
court lacks jurisdiction, and if it is in the interest of justice,
the court shall transfer the case to an appropriate court.
See 28 U.S.C. § 1631.
Accordingly,
IT IS ORDERED THAT:
(1) The petition is denied.
(2) ECF No. 2 is transmitted to the Clerk of the United
States District Court for the District of Columbia to be
docketed as a notice of appeal received March 23, 2026.
(3) The Clerk of this court shall transfer this matter to
this court’s normal appeals docket, in which the Clerk will
docket this order, all pending motions, and the notice of ap-
peal once returned by the district court. The motions shall
be held in abeyance, and proceedings in the appeal will be
stayed except for responses to this order.
(4) Within 30 days from the date of entry of this order,
the parties are directed to address this court’s jurisdiction
over the appeal, including whether it should be dismissed
or transferred. Any response(s) to this order shall be dock-
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eted under the number of the appeal.
May 4, 2026
Date
FOR THE COURT
cc: United States District Court for the District of Colum-
bia
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