Eric Malone v. United States

NOTE: This order is nonprecedential.
United States Court of Appeals
for the Federal Circuit
______________________
ERIC MALONE,
Plaintiff-Appellant
v.
UNITED STATES,
Defendant-Appellee
______________________
2024-1091
______________________
Appeal from the United States Court of Federal Claims
in No. 1:22-cv-01770-TMD, Judge Thompson M. Dietz.
______________________
ON MOTION
______________________
Before D YK , PROST, and WALLACH , Circuit Judges.
PER C URIAM.
O R D E R
In response to this court’s December 5, 2023 order to
show cause, the United States urges dismissal. Eric
Malone has not responded to the order, though he has filed
other documents in the interim.
The United States Court of Federal Claims entered
judgment dismissing Mr. Malone’s complaint for lack of
Case: 24-1091 Document: 17 Page: 1 Filed: 04/02/2024

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MALONE v. US 2
subject matter jurisdiction on July 25, 2023. Mr. Malone’s
notice of appeal was received by that court on October 10,
2023, 77 days after entry of judgment.
To be timely, a notice of appeal must be received by the
Court of Federal Claims within 60 days of the entry of the
final judgment. 28 U.S.C. §§ 2107(b), 2522; Fed. R. App. P.
4(a)(1)(B); Fed. Cir. R. 1(a)(1)(C). The statutory deadline
is mandatory and jurisdictional, such that we may not ex-
cuse a late notice. Marandola v. United States, 518 F.3d
913, 914 (Fed. Cir. 2008); see also Bowles v. Russell, 551
U.S. 205, 209 (2007); cf. Fed. R. App. P. 26(b)(1). Because
the notice of appeal was not received within that time, we
lack jurisdiction and must dismiss.
Accordingly,
IT IS O RDERED THAT:
(1) The appeal is dismissed.
(2) All pending motions are denied.
(3) The parties shall bear their own costs.
April 2, 2024
Date
FOR THE C OURT
Case: 24-1091 Document: 17 Page: 2 Filed: 04/02/2024

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