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Administrative Procedure Act/Review or Appeal of Agency Decision | District Of Columbia
Case Transferred Out
Case transferred to the USCA pursuant to 05/05/2026 Minute Order Transferring Case, Sent to Court via email. (zjm)
Order Transferring Case
MINUTE ORDER: On April 23, 2026, the Petitioner filed a 1 Petition for Review challenging a decision by the Surface Transportation Board. The 1 Petition was correctly addressed and mailed to the U.S. Court of Appeals for the District of Columbia Circuit. Due to an administrative error, the 1 Petition was instead filed before this Court, the U.S. District Court for the District of Columbia. The Petitioner is not at fault for this mistake.
The U.S. Courts of Appeal have exclusive jurisdiction over challenges to final orders of the Surface Transportation Board. See 28 U.S.C. § 2342(5); HolRail, LLC v. Surface Transp. Bd., 515 F.3d 1313, 1316 (D.C. Cir. 2008). And 28 U.S.C. § 1631 "provides that in the case of an action or appeal for which the 'court finds that there is a want of jurisdiction, the court shall, if it is in the interest of justice, transfer such action or appeal to any other such court in which the action or appeal could have been brought at the time it was filed.'" Micei Int'l v. Dep't of Com., 613 F.3d 1147, 1154–55 (D.C. Cir. 2010). Indeed, "where a court finds that it lacks jurisdiction, it must transfer such action to the proper court, if such transfer is in the interest of justice." Ingersoll-Rand Co. v. United States, 780 F.2d 74, 80 (D.C. Cir. 1985) (emphasis added). Here, the Court finds that it lacks jurisdiction to entertain this case and it is in the interest of justice that the 1 Petition be transferred to the D.C. Circuit, where the Petitioner intended to file it. See Paralyzed Veterans of Am. v. U.S. Dep't of Transportation, 909 F.3d 438, 443 (D.C. Cir. 2018) (holding that a district court properly transferred a petition for review to the D.C. Circuit when the district court lacked jurisdiction to review such petitions). Accordingly, the Court directs the Clerk of the Court to transfer this case to the United States Court of Appeals for the District of Columbia Circuit. Signed by Judge Sparkle L. Sooknanan on 5/5/2026. (lcak)
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