William Oscar Harris v. United States

N OTE: This order is nonprecedential.
United States Court of Appeals
for the Federal Circuit
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WILLIAM OSCAR HARRIS,
Plaintiff-Appellant,
v.
UNITED STATES,
Defendant-Appellee.
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2014-5044
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Appeal from the United States Court of Federal
Claims in No. 1:13-cv-00824-LJB, Judge Lynn J. Bush.
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ON MOTION
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P ER CURIAM .
O R D E R
The United States moves to dismiss William Oscar
Harris’s appeal for lack of jurisdiction. Mr. Harris oppos-
es. Mr. Harris moves for leave to file his reply brief and
for leave to proceed in forma pauperis. The United States
opposes.
The United States Court of Federal Claims has stayed
discovery in Mr. Harris’s case while it considers the
government’s pending motion to dismiss. It has not
Case: 14-5044 Document: 21 Page: 1 Filed: 04/23/2014

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WILLIAM HARRIS v. US 2
issued any final decision pursuant to 28 U.S.C.
§ 1295(a)(3). While Mr. Harris argues that this court
possesses jurisdiction pursuant 9 U.S.C. § 16(a)(1)(A), he
has not established the right to file an interlocutory
appeal under the Federal Arbitration Act. There is no
evidence that a contract containing an arbitration clause
is at issue here.
Accordingly,
I T I S O RDERED T HAT :
(1) The motion to dismiss is granted.
(2) All other motions are moot.
(3) Each side shall bear its own costs.
F OR THE COURT
/s/ Daniel E. O’Toole
Daniel E. O’Toole
Clerk of Court
s24
ISSUED AS A MANDATE: April 23, 2014
Case: 14-5044 Document: 21 Page: 2 Filed: 04/23/2014

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