Alan Tooraen v. United States

NOTE: This order is nonprecedential.
United States Court of Appeals for the Federal Circuit
2009-5088
ALAN TOORAEN,
Plaintiff-Appellant,
v.
UNITED STATES,
Defendant-Appellee.
Appeal from the United States Court of Federal Claims in 08-CV-826,
Chief Judge Emily C. Hewitt.
ON MOTION
Before MAYER, CLEVENGER, and RADER, Circuit Judges.
PER CURIAM.
ORDER
The United States moves to dismiss Alan Tooraen's appeal from the March 27,
2009 judgment of the United States Court of Federal Claims as untimely.
The Court of Federal Claims issued its decision dismissing Tooraen's complaint
with prejudice on March 27, 2009 and entered judgment the same day. Tooraen's
notice of appeal was received by the court on May 27, 2009, 61 days after the date of
entry of judgment.
Pursuant to 28 U.S.C. § 2522 and Rule 4(b) of the Federal Rules of Appellate
Procedure, a notice of appeal from an order or decision of the Court of Federal Claims
must be filed "within 60 days after the judgment or appealed from is entered." As the
Supreme Court has stated when the time for filing a notice of appeal is limited by

-- 1 of 2 --

statute, such as in this case, those limits are mandatory and jurisdictional. Bowles v.
Russell, 551 U.S. 205 (2007) (the timely filing of a notice of appeal in a civil case is a
jurisdictional requirement that cannot be waived).
Because Tooraen's appeal was not received within 60 days of the date the Court
of Federal Claims entered judgment, we must dismiss his appeal as untimely.
Accordingly,
IT IS ORDERED THAT:
Tooraen's appeal is dismissed.
All sides shall bear their own costs.
FOR THE COURT
Jan Horbaly
Clerk
cc: Alan Tooraen
Steven M. Mager, Esq.
s19
FILEP
U.S. COURT OF APPEALS FOR
THE FEDERAL CIRCUIT
JUL 3 0 2009
JAN NORBAIY
CLERK
JUL 3 0 2009
Date
/s/ Jan Horbalv
2009-5088 2

-- 2 of 2 --