Somona Lofton v. United States

N OTE: This order is nonprecedential.
United States Court of Appeals
for the Federal Circuit
______________________
SOMONA LOFTON,
Plaintiff-Appellant
v.
UNITED STATES,
Defendant-Appellee
______________________
2023-1632
______________________
Appeal from the United States Court of Federal Claims
in No. 1:21-cv-01348-MBH, Senior Judge Marian Blank
Horn.
______________________
P ER CURIAM .
O R D E R
Following this court’s May 9, 2023, order to show cause,
we dismiss this appeal as untimely.
On March 16, 2023, Somona Lofton filed her notice of
appeal from the final judgment of the United States Court
of Federal Claims entered in June 2021. A party must file
an appeal within 60 days of the final judgment or order be-
ing appealed from the Court of Federal Claims. See 28
U.S.C. §§ 2107, 2522; Fed. R. App. P. 4(a)(1)(B); Fed. Cir.
R. 1(a)(1)(C). This time limit is “a jurisdictional
Case: 23-1632 Document: 6 Page: 1 Filed: 06/28/2023

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LOFTON v. US 2
requirement” and “not subject to equitable tolling.”
Marandola v. United States, 518 F.3d 913, 914 (Fed. Cir.
2008) (citation omitted). Here, Ms. Lofton did not appeal
within the required 60 days, and thus we lack jurisdiction.
Accordingly,
I T I S O RDERED T HAT :
(1) The appeal is dismissed.
(2) Each party shall bear its own costs.
June 28, 2023
Date
F OR THE COURT
/s/ Jarrett B. Perlow
Jarrett B. Perlow
Acting Clerk of Court
Case: 23-1632 Document: 6 Page: 2 Filed: 06/28/2023

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