William M. Fulkerson v. New Mexico Department of Justice

NOTE: This order is nonprecedential.
United States Court of Appeals
for the Federal Circuit
______________________
WILLIAM M. FULKERSON,
Plaintiff-Appellant
v.
NEW MEXICO DEPARTMENT OF JUSTICE,
Defendant-Appellee
RAUL TORREZ, HECTOR BALDERAS, ANDREW J.
DEAKYNE, RODNEY GABALDON,
Defendants
______________________
2026-1358
______________________
Appeal from the United States District Court for the
District of New Mexico in No. 1:25-cv-00258-WJ-KK, Judge
William P. Johnson.
______________________
Before PROST, M AYER, and CUNNINGHAM, Circuit Judges.
PER C URIAM.
O R D E R
William M. Fulkerson filed suit in federal district court
in New Mexico against the New Mexico Department of Jus-
tice, the New Mexico Attorney General, and several former
Attorneys General seeking $50 million for alleged
Case: 26-1358 Document: 16 Page: 1 Filed: 06/29/2026

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FULKERSON v. NEW MEXICO DEPARTMENT OF JUSTICE 2
constitutional and civil rights violations following litiga-
tion related to his prior Social Security Administration em-
ployment. He now appeals the district court’s dismissal of
his complaint.1 In response to this court’s order to show
cause, Mr. Fulkerson argues in support of our jurisdiction,
and the New Mexico Department of Justice urges dismis-
sal.
Mr. Fulkerson urges the court to assert jurisdiction
pursuant to 28 U.S.C. § 1295(a)(9), contending that his
complaint referenced issues concerning his prior appeals to
the Merit Systems Protection Board, but this appeal chal-
lenges a decision of a district court dismissing that com-
plaint. Generally, this court only has jurisdiction over an
appeal from a final district court decision in cases involving
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. § 1295(a)(4)(C); and cases in-
volving certain damages claims against the United States
not exceeding $10,000 in amount, id. §§ 1295(a)(2),
1346(a)(2). Mr. Fulkerson has failed to show that this case
falls within that limited review authority. We have consid-
ered the Department’s arguments to dismiss on the merits,
but under the circumstances we deem it the better course
to transfer pursuant to 28 U.S.C. § 1631.
Accordingly,
IT IS O RDERED THAT:
1 Mr. Fulkerson’s notice of appeal was initially
transmitted to the United States Court of Appeals for the
Tenth Circuit, which transferred it here because it names
this court. Cf. Fed. R. App. P. 3(d)(1).
Case: 26-1358 Document: 16 Page: 2 Filed: 06/29/2026

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FULKERSON v. NEW MEXICO DEPARTMENT OF JUSTICE 3
This matter and all case filings are transferred to the
United States Court of Appeals for the Tenth Circuit pur-
suant to 28 U.S.C. § 1631.
June 29, 2026
Date
FOR THE C OURT
Case: 26-1358 Document: 16 Page: 3 Filed: 06/29/2026

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