Ivan L. Mendez v. the National Railroads of Mexico

# NOTE: This order is nonprecedential. United States Court of Appeals for the Federal Circuit

IVAN L. MENDEZ,
Plaintiff-Appellant,
v.
THE NATIONAL RAILROADS OF MEXICO
Defendant-Appellee.

2010-1448

Appeal from the United States District Court for the
District of New Mexico in 09-CV-1222, Judge Robert C.
Brack.

Before PROST, MAYER, and MOORE, Circuit Judges.
PER CURIAM

ORDER

Ivan L. Mendez responds to the court's order directing
him to show cause why his appeal should not be dis-
missed.

Mendez filed a complaint against The National Rail-
roads of Mexico, appearing to allege civil rights violations.
The United States District Court for the District of New

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Mexico dismissed the complaint for failure to state a
claim upon which relief may be granted. Mendez ap-
pealed, seeking review by this court.

This court's jurisdiction over appeals of district court
decisions is limited primarily to cases involving patents
and suits against the United States not exceeding
$10,000. See 28 U.S.C. § 1295 (a)(1), (2). Mendez's appeal
is not within this court's jurisdiction. We also note that
the district court entered judgment on January 6, 2010.
Mendez's notice of appeal was filed on July 20, 2010. Any
appeal of the district court's judgment was due no later
than February 5, 2010. Thus, because the appeal was not
timely filed and is not within this court's jurisdiction, we
dismiss the appeal .*

Accordingly,

IT IS ORDERED THAT:

(1) The appeal is dismissed. Any pending motions
are denied as moot.

(2) Each side shall bear its own costs.

FOR THE COURT

MAR 0 4 2011

/s/ Jan Horbaly

FILED U.S. COURT OF APPEALS FOR THE FEDERAL CIRCUIT

Date

Jan Horbaly Clerk

cc: Ivan L. Mendez

MAR 04 2011

$20

JAN HORBALY CLERK

\* Mendez also previously sought review by the
United States Court of Appeals for the Tenth Circuit. On
July 28, 2010, the Tenth Circuit dismissed that appeal for
failure to prosecute.