
    Jerry Allen CLARK, Appellant, v. Eric H. HOLDER, Jr., Attorney General, Appellee.
    No. 2011-1505.
    United States Court of Appeals, Federal Circuit.
    Nov. 23, 2011.
    
      Jerry Allen Clark, Oklahoma City, OK, pro se.
    Before BRYSON, SCHALL, and PROST, Circuit Judges.
   ON MOTION

PER CURIAM.

ORDER

Jerry Allen Clark and the Attorney General respond to this court’s August 4, 2011 show cause order.

Clark seeks to appeal from a magistrate’s decision of the United States District Court for the Western District of Oklahoma recommending that Clark’s petition for a writ of habeas corpus be denied. Clark’s appeal does not fall within this court’s jurisdiction. 28 U.S.C. § 1295.

Pursuant to 28 U.S.C. § 1631, this court is authorized to transfer the case, but only to a court in which the appeal could have been brought at the time it was filed or noticed and only if transfer is “in the interest of justice[.]” Because the trial court has yet to issue final judgment, transfer to the United States Court of Appeals for the Tenth Circuit is inappropriate.

Accordingly,

It Is Ordered That:

(1) The appeal is dismissed.

(2) Each side shall bear its own costs.

(3) All other pending motions are moot.  