Case: 12-1680 Document: 8 Page: 1 Filed: 12/27/2012
NOTE: This order is nonprecedential.
Wniteb ~tate~ (!Court of ~peaI~
for tbe jfeberaI (!Circuit
DAVID JACKSON,
Plaintiff-Appellant,
v.
ERIC K. SHINSEKI, SECRETARY OF VETERANS
AFFAIRS AND LYNETTE A. ROFF, DIRECTOR, VA
EASTERN COLORADO HCS,
Defendants-Appellees.
2012-1680
Appeal from the United States District Court for the
District of Colorado in case no. 10-CV-2596, Judge Marcia
S. Krieger.
Before NEWMAN, PROST, and WALLACH, Circuit Judges.
PER CURIAM.
ON MOTION
ORDER
Case: 12-1680 Document: 8 Page: 2 Filed: 12/27/2012
DAVID JACKSON V. SHINSEKI 2
The Secretary of Veterans Mfairs moves to dismiss
this appeal for lack of jurisdiction.
This appeal concerns an order of the United States
District Court for the District of Colorado dismissing
David Jackson's complaint alleging various claims regard-
ing the Privacy Act against the Department of Veterans
Mfairs and denying several motions including leave to
replead. Because the district court's jurisdiction did not
arise in whole or in part under the laws governing this
court's limited appellate jurisdiction, we are without
authority to entertain this appeal. Since the United
States Court of Appeals for the Tenth Circuit has already
received and docketed the matter, dismissal rather than
transfer of the case pursuant to 28 U.S.C. § 1631 is ap-
propriate.
Accordingly,
IT Is ORDERED THAT:
(1) The motion to dismiss is granted.
(2) Each side shall bear its own costs.
(3) All other motions are denied as moot.
FOR THE COURT
/s/ Jan Horbaly
Jan Horbaly
Clerk
s26
DE_C_2_1_20_~2_:._ _
ISSUED AS A MANDATE: _ _
Jackson v. Dept. Of Veterans Affairs
Combined Opinion