In Re Carter

NOTE: This is a nonprecedential 0rder. United States Court of AppeaIs for the FederaI Circuit IN RE IRIS L. CARTER, Petitioner. Miscellane0us Docket No. 980 On Petition for Writ of Mandamus to the United States District Court for the District of New Jersey i_n case no. 09-CV-6124, Judge Joel A. Pisano. ON PETITION Before GAJARSA, MAYER and PROST, Circuit Judges. PER CUR1AM. ORDER The petitioner, Iris L. Carter, is a plaintiff in an em- ployment discrimination suit she filed in the United States District Court for the District of NeW Jersey. Her petition appears to seek a writ of mandamus directing the district court to enter default judgment against the defen» dants in her case. IN RE CARTER 2 Under 28 § U.S.C. 165l, this court may only “issue writs necessary or appropriate in aid of [its] jurisdic- tion[]." Power to issue writs of mandamus depends on power to entertain appeals when the case ends. In re BBC In,t’l, Ltd., 99 F.3d 811, 813 (7th Cir. 1996). Any appeal from a final decision of the district court in this employment discrimination matter under Title VlI of the Civil Rights Act of 1964 will go to the United States Court of Appeals for the Third Circuit. Because the Third Circuit rather than this court will have jurisdiction to entertain any appeal, we also lack jurisdiction over this petition. We therefore transfer the matter pursuant to 28 U.S.C. 1631. See generally BBC, 99 F.3d at 813 (holding that a court of appeals may transfer petitions for writ of mandamus to the court of proper jurisdiction pursuant to § 1631). Accordingly, ` IT ls ORDERED THAT: ' The petition for a writ of mandamus is transferred to the United States Court of Appea1s for the Third Circuit pursuant to 28 U.S.C. § 1631. FoR THE CoURT JUN 22 2011 /s/ J an Horbaly Date J an Horbaly Clerk cc: lris L. Carter E"i" M~ S“Yd@r’ ES‘1' v s couRi:¢')iF§i=i=EA1s ma S20 THE FEDERAL C{RCUlT 1 JUN 22 2011 1ANnonsaLv cum