Northwest Farm Credit Service v. Hirsch , 547 F. App'x 993 ( 2013 )

Case: 13-1685 Document: 13 Page: 1 Filed: 12/11/2013
NOTE: This order is nonprecedential.
United States Court of Appeals
for the Federal Circuit
______________________
NORTHWEST FARM CREDIT SERVICES, FLCA,
Plaintiff-Appellee,
v.
GARY HIRSCH,
Defendant-Appellant.
______________________
2013-1685
______________________
Appeal from the United States District Court for the
District of Oregon in No. 1:11-CV-03156-PA, Senior Judge
Owen M. Panner.
______________________
Before RADER, Chief Judge, and LOURIE and TARANTO,
Circuit Judges.
RADER, Chief Judge.
ORDER
The parties were directed to show cause why this ap-
peal should not be transferred to the United States Court
of Appeals for the Ninth Circuit. Northwest Farm Credit
Services, FLCA responded and argued that the petition
should be transferred. Gary Hirsch did not respond.
Case: 13-1685 Document: 13 Page: 2 Filed: 12/11/2013
2 NORTHWEST FARM CREDIT SERVICE v. HIRSCH
This appeal involves an action by Northwest Farm
Credit Services (“Northwest”) against Gary Hirsch seek-
ing ejectment, quiet title, and an injunction against
Hirsch’s trespass on Northwest’s property. The United
States District Court for the District of Oregon entered
judgment on Northwest’s behalf and ordered Hirsch to
vacate Northwest’s property. Hirsch filed a notice of
appeal, seeking review by the Ninth Circuit. The Ninth
Circuit dismissed that appeal for failure to prosecute.
Hirsch then filed a motion to set aside the judgment as
void under Federal Rule of Civil Procedure 60(b)(4). The
district court denied that motion. In that order, the
district court discussed, inter alia, its previous denial of
Hirsch’s motion to transfer the case to the Court of Feder-
al Claims. Hirsch now appeals the district court’s denial
of his Rule 60(b)(4) motion, seeking review by this court.
This appeal is outside of this court’s limited jurisdic-
tion. 28 U.S.C. § 1295. Pursuant to 28 § U.S.C. § 1631,
this court is authorized to transfer a case to a court in
which the appeal could have been brought at the time it
was filed or noticed, here the United States Court of
Appeals for the Ninth Circuit.
Accordingly,
IT IS ORDERED THAT:
(1) The appeal, and Hirsch’s motion for leave to
proceed in forma pauperis, are transferred to the United
States Court of Appeals for the Ninth Circuit pursuant to
28 U.S.C. § 1631.
(2) Any other pending motions are denied without
prejudice as moot.
FOR THE COURT
/s/ Daniel E. O’Toole
Daniel E. O’Toole
Clerk of Court
Case: 13-1685 Document: 13 Page: 3 Filed: 12/11/2013
NORTHWEST FARM CREDIT SERVICE v. HIRSCH 3
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