Enamul Haqe Chowdhury v. United States

NOTE: This order is nonprecedential.
United States Court of Appeals
for the Federal Circuit
______________________
ENAMUL HAQE CHOWDHURY,
Plaintiff-Appellant
v.
UNITED STATES,
Defendant-Appellee
______________________
2025-1916
______________________
Appeal from the United States Court of Federal Claims
in No. 1:24-cv-01545-LAS, Senior Judge Loren A. Smith.
______________________
ON MOTION
______________________
Before LOURIE, PROST, and CHEN, Circuit Judges.
PER CURIAM.
O R D E R
In response to this court’s August 7, 2025 order direct-
ing the parties to show cause, the United States argues the
case should be dismissed as untimely. Enamul Haqe
Chowdhury has not responded to the order but moves for
leave to proceed in forma pauperis.
Case: 25-1916 Document: 10 Page: 1 Filed: 09/26/2025

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CHOWDHURY v. US 2
On March 25, 2025, the United States Court of Federal
Claims entered judgment dismissing Mr. Chowdhury’s
complaint. Mr. Chowdhury moved to reopen his case,
which was denied on April 1, 2025. The Court of Federal
Claims received Mr. Chowdhury’s notice of appeal on July
3, 2025, 100 days after entry of judgment and 93 days after
the court denied the motion to reopen.
The timely filing of a notice of appeal from a final deci-
sion by the Court of Federal Claims is a jurisdictional re-
quirement that cannot be waived and is not subject to
equitable tolling. Marandola v. United States, 518 F.3d
913, 914 (Fed. Cir. 2008); cf. Henderson v. Shinseki, 562
U.S. 428, 438–39 (2011). Mr. Chowdhury had 60 days to
file his notice of appeal from the Court of Federal Claims’s
decisions, see 28 U.S.C. §§ 2107(b), 2522; Fed. R. App.
P. 4(a)(1)(B); Fed. Cir. R. 1(a)(1)(C), but he failed to do so.
Thus, we lack jurisdiction to review either the final judg-
ment or the denial of Mr. Chowdhury’s motion to reopen
and must dismiss.
Accordingly,
IT IS ORDERED THAT:
(1) The appeal is dismissed.
(2) All pending motions are denied.
(3) Each party shall bear its own costs.
September 26, 2025
Date
FOR THE COURT
Case: 25-1916 Document: 10 Page: 2 Filed: 09/26/2025

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