Authored by: Jeremy J. Gustrowsky
In a quick ruling, the U.S. Court of Appeals for the Federal Circuit dismissed an appeal from a pro se litigant, highlighting the court’s narrow focus on patent and related matters rather than general civil rights claims.
Derrick Mike Allen, representing himself, filed a lawsuit under 42 U.S.C. § 1983 in the U.S. District Court for the District of Columbia. His complaint targeted North Carolina state officials, a local police officer, and a detention center, alleging violations related to his custody and clemency process. Allen sought to proceed without paying court fees (in forma pauperis) and appealed an early district court order to the Federal Circuit before his fee request was even decided.
The Federal Circuit, known for handling appeals in patent disputes, trademark issues, and certain claims against the U.S. government, found it lacked authority over this case. Congress limits the court’s jurisdiction to specific areas like patent law appeals or small claims against the federal government under $10,000. The court said Allen’s civil rights challenge wasn’t in it’s area of responsibility, and the appealed order was just an interim step—not a final decision ripe for review. Transferring the case elsewhere wasn’t an option, as the appeal was premature and non-appealable.
This decision serves as a reminder for litigants, especially those acting without a lawyer, to check the right appeals court for their claims. For patent attorneys, it underscores the Federal Circuit’s specialized role, ensuring non-patent matters stay off its otherwise busy docket and are routed to the proper regional circuits instead.