Raj K. Patel v. United States

N OTE: This order is nonprecedential.
United States Court of Appeals
for the Federal Circuit
______________________
RAJ K. PATEL,
Plaintiff-Appellant
v.
UNITED STATES,
Defendant-Appellee
______________________
2023-1323
______________________
Appeal from the United States Court of Federal Claims
in No. 1:22-cv-00734-LAS, Senior Judge Loren A. Smith.
______________________
P ER CURIAM .
O R D E R
Raj K. Patel appeals from the United States Court of
Federal Claims’ August 12, 2022, judgment dismissing his
complaint. In response to the court’s March 2, 2023, show
cause order, the United States urges dismissal of this ap-
peal as untimely. Mr. Patel “move[s] . . . to allow the
Case: 23-1323 Document: 15 Page: 1 Filed: 04/21/2023

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PATEL v. US 2
appeal,” ECF No. 13 at 1, and suggests that this case may
be consolidated with Appeal No. 2023-1325.*
The timely filing of a notice of appeal from the Court of
Federal Claims is “a jurisdictional requirement” and “not
subject to equitable tolling.” Marandola v. United States,
518 F.3d 913, 914 (Fed. Cir. 2008) (citation omitted). To be
timely, a notice of appeal must be received by the Court of
Federal Claims within 60 days after the entry of final judg-
ment. See 28 U.S.C. §§ 2107, 2522; Fed. R. App. P.
4(a)(1)(B); Fed. Cir. R. 1(a)(1)(C). In this case, it is undis-
puted that Mr. Patel’s notice of appeal was filed 137 days
after final judgment. Thus, we lack jurisdiction over Mr.
Patel’s untimely appeal. To the extent that Mr. Patel’s re-
sponse argues that this appeal can be deemed timely based
on this court’s jurisdiction over his separate appeal involv-
ing a different underlying case, we must reject that argu-
ment at least because his notice of appeal in that case filed
on December 21, 2022, was likewise not filed within 60
days of entry of final judgment in this case.
Accordingly,
I T I S O RDERED T HAT :
(1) The appeal is dismissed.
(2) Each side shall bear its own costs.
April 21, 2023
Date
F OR THE COURT
/s/ Peter R. Marksteiner
Peter R. Marksteiner
Clerk of Court
* The court notes that it granted the United States’
motion for summary affirmance in Appeal No. 2023-1325
on March 7, 2023.
Case: 23-1323 Document: 15 Page: 2 Filed: 04/21/2023

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