Eric Malone v. United States

N OTE: This order is nonprecedential.
United States Court of Appeals
for the Federal Circuit
______________________
ERIC MALONE,
Plaintiff-Appellant
v.
UNITED STATES,
Defendant-Appellee
______________________
2022-2274
______________________
Appeal from the United States Court of Federal Claims
in No. 1:22-cv-00049-ZNS, Judge Zachary N. Somers.
______________________
ON MOTION
______________________
Before D YK, REYNA, and CHEN, Circuit Judges.
P ER CURIAM .
O R D E R
In response to the court’s December 8, 2022, order to
show cause, the United States urges dismissal of this ap-
peal as untimely. Eric Malone opposes dismissal and
moves for leave to proceed in forma pauperis.
On February 14, 2022, the United States Court of Fed-
eral Claims dismissed Mr. Malone’s case. On September
Case: 22-2274 Document: 24 Page: 1 Filed: 02/28/2023

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MALONE v. US 2
26, 2022, the Court of Federal Claims received Mr.
Malone’s notice of appeal from that dismissal. To be
timely, a notice of appeal must be received by the Court of
Federal Claims within 60 days of the entry of judgment.
See 28 U.S.C. § 2522; 28 U.S.C. § 2107(b). The statutory
deadline for taking an appeal from the Court of Federal
Claims is mandatory and jurisdictional. See Marandola v.
United States, 518 F.3d 913, 914 (Fed. Cir. 2008). Because
Mr. Malone’s appeal was received more than 60 days after
the judgment, we must dismiss for lack of jurisdiction.*
Accordingly,
I T I S O RDERED T HAT :
(1) The appeal is dismissed.
(2) All pending motions are denied as moot.
February 28, 2023
Date
F OR THE COURT
/s/ Peter R. Marksteiner
Peter R. Marksteiner
Clerk of Court
* Even if judgment had to be entered by separate
document under Rule 58 of the Rules of the Court of Fed-
eral Claims (“RCFC”), and even if no such separate docu-
ment was entered, Mr. Malone did not file his notice of
appeal within 210 days from entry of the order dismissing
the complaint (150 days from RCFC 58(c)(2)(B) and 60 days
from 28 U.S.C. §§ 2522, 2107(b)).
Case: 22-2274 Document: 24 Page: 2 Filed: 02/28/2023

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