Bruzzone v. Intel Corporation ( 2014 )


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  • Case: 14-1608   Document: 28     Page: 1   Filed: 10/07/2014
    NOTE: This order is nonprecedential.
    United States Court of Appeals
    for the Federal Circuit
    ______________________
    MICHAEL A. BRUZZONE, RELATOR ORIGINAL
    SOURCE,
    Plaintiff-Appellant,
    v.
    INTEL CORPORATION AND ARM, INC.,
    Defendants-Appellees.
    ______________________
    2014-1608
    ______________________
    Appeal from the United States District Court for the
    Northern District of California in Nos. 3:14-cv-01279-
    WHA and 3:14-cv-03729-WHA, Judge William H. Alsup.
    ______________________
    ON MOTION
    ______________________
    Before PROST, Chief Judge, DYK AND MOORE, Circuit
    Judges.
    PER CURIAM.
    ORDER
    Intel Corporation moves to dismiss this appeal for
    lack of jurisdiction. Michael A. Bruzzone moves for leave
    to proceed in forma pauperis.
    Case: 14-1608      Document: 28      Page: 2   Filed: 10/07/2014
    2                            BRUZZONE   v. INTEL CORPORATION
    Bruzzone appeals from the United States District
    Court for the Northern District of California’s dismissal of
    his action for failure to file an amended complaint. In his
    original complaint, Bruzzone filed a qui tam action
    against Intel Corporation as a relator under the False
    Claims Act, 
    31 U.S.C. §§ 3729
    –3733. This court is a court
    of limited jurisdiction, which does not include jurisdiction
    in this matter. 
    28 U.S.C. § 1295
    .
    Pursuant to 
    28 U.S.C. § 1631
    , this court is authorized
    to transfer the case to a court in which the appeal could
    have been brought.
    Upon consideration thereof,
    IT IS ORDERED THAT:
    (1) The motion to dismiss is denied.
    (2) The appeal and all pending motions are trans-
    ferred pursuant to 
    28 U.S.C. § 1631
     to the United States
    Court of Appeals for the Ninth Circuit.
    FOR THE COURT
    /s/ Daniel E. O’Toole
    Daniel E. O’Toole
    Clerk of Court
    s26
    

Document Info

Docket Number: 14-1608

Filed Date: 10/7/2014

Precedential Status: Non-Precedential

Modified Date: 4/18/2021