David Netzer Consulting Engineer, LLC v. Shell Oil Company, et al.

State action that is wholly arbitrary or irrational is a violation of the due process clause of the Fourteenth Amendment. Statute 28 U.S.C. § 1631 provides that it is mandatory and in the interest of justice that the Fifth Circuit must transfer a case once it determines that it does not have jurisdiction. Since the congress conferred the mandatory right of transfer, the Fifth Circuit cannot arbitrarily and capriciously decide not to transfer an appeal without providing reasoned analysis. In the present case, the Fifth Circuit failed to automatically transfer the appeal to the proper jurisdiction or provide a reasoned analysis. The lack of a reasoned analysis severely undermines petitioners procedural and substantive due process rights under the constitution. The petition for a writ of certiorari presents the following issues: QUESTION 1 Whether the application of the statute by the Fifth Circuit amount to a deprivation of property interest without due process of law? QUESTION 2 Whether there is a Conflict of Law between the mandatory provision and the interest of justice provision of statute?