Ming Hong Zheng v. Halliburton Energy Services, Inc.

When a transferor circuit and a transferee circuit each disclaim jurisdiction over a 28 U.S.C. § 1406(a) inter-circuit transfer order, which court — if either — bears the obligation to provide appellate review, and by what authority?

Whether, and by what mechanism, an inter-circuit transfer order under 28 U.S.C. § 1406(a) may be reviewed when the transferor circuit deems itself without jurisdiction after transfer and the transferee circuit has not provided a practical avenue for review — and whether this Court’s supervisory authority over the federal appellate system requires designation of a responsible forum?

Whether a court of appeals may permissibly disclaim jurisdiction over a § 1406(a) transfer order when, to Petitioner’s knowledge, no other appellate court has reviewed that order, and Petitioner has pursued every procedural avenue identified by the courts below?