Taylor Reed v. United States

N OTE: This order is nonprecedential.
United States Court of Appeals
for the Federal Circuit
______________________
TAYLOR REED,
Plaintiff-Appellant
v.
UNITED STATES,
Defendant-Appellee
______________________
2025-1423
______________________
Appeal from the United States Court of Federal Claims
in No. 1:24-cv-01558-EGB, Senior Judge Eric G. Bruggink.
______________________
ON MOTION
______________________
Before T ARANTO, WALLACH , and CUNNINGHAM , Circuit
Judges.
P ER CURIAM .
O R D E R
The United States moves to dismiss this appeal as un-
timely. Taylor Reed does not respond but files an opening
brief.
On November 20, 2024, the United States Court of Fed-
eral Claims dismissed Ms. Reed’s complaint for lack of
Case: 25-1423 Document: 8 Page: 1 Filed: 04/28/2025

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REED v. US 2
subject-matter jurisdiction and as frivolous. Judgment
was entered on November 21, 2024. The Court of Federal
Claims received Ms. Reed’s notice of appeal on February 5,
2025, 76 days after entry of judgment. The government
now moves to dismiss the appeal as untimely.
To be timely, a notice of appeal must be received by the
Court of Federal Claims within 60 days of the entry of judg-
ment. See 28 U.S.C. § 2522 (“Review of a decision of the
United States Court of Federal Claims shall be obtained by
filing a notice of appeal . . . within the time . . . prescribed
for appeals to the United States courts of appeals from the
United States district courts.”); 28 U.S.C. § 2107(b) (provid-
ing a 60-day deadline for appeals from district courts in
cases involving the United States); Fed. R. App. P.
4(a)(1)(B); Fed. Cir. R. 1(a)(1)(C). The statutory deadline
for taking an appeal from the Court of Federal Claims has
been held to be mandatory and jurisdictional, such that
this court would not be permitted to excuse a late notice.
Marandola v. United States, 518 F.3d 913, 914 (Fed. Cir.
2008); cf. Henderson v. Shinseki, 562 U.S. 428, 438–39
(2011); Fed. R. App. P. 26(b)(1). Here, the notice of appeal
was due no later than January 21, 2025. Fed. R. App. P.
26(a)(1)(C). Because the notice of appeal was not received
within that time, we lack jurisdiction and must dismiss.
Accordingly,
I T I S O RDERED T HAT :
(1) The motion is granted. The appeal is dismissed.
Case: 25-1423 Document: 8 Page: 2 Filed: 04/28/2025

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REED v. US 3
(2) Each party shall bear its own costs.
April 28, 2025
Date
F OR THE COURT
Case: 25-1423 Document: 8 Page: 3 Filed: 04/28/2025

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