Carlos A. Alford v. United States

# NOTE: This order is nonprecedential.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

CARLOS A. ALFORD,
Plaintiff-Appellant,
v.
UNITED STATES,
Defendant-Appellee.

2011-5048

Appeal from the United States Court of Federal
Claims in 10-CV-525, Senior Judge John P. Wiese.

## ON MOTION

Before RADER, Chief Judge, NEWMAN and BRYSON, Circuit
Judges.

PER CURIAM.

ORDER

The United States moves to dismiss Carlos A. Alford's
appeal as premature.

<!-- PageBreak -->

<!-- PageHeader="ALFORD v. US" -->

On January 31, 2011, Alford filed a document which
the Court of Federal Claims treated as a notice of appeal
to this court. At that time, Alford's case was still pending
before the trial court.

The court's jurisdiction over appeals from decisions of
the Court of Federal Claims is governed by 28 U.S.C.
§ 1295(a)(3). Section 1295(a)(3) provides that the court
has jurisdiction over "an appeal from a final decision of
the United States Court of Federal Claims" (emphasis
added). "A 'final decision' generally is one which ends the
litigation on the merits and leaves nothing for the court to
do but execute the judgment." Catlin v. United States,
324 U.S. 229, 233 (1945).

The Court of Federal Claims had not entered or an-
nounced a judgment before Alford filed his appeal. Be-
cause the case was still pending in the Court of Federal
Claims, we must dismiss the appeal. The court notes that
the Court of Federal Claims subsequently entered final
judgment in this matter on March 9, 2011, and thus he
may file an appeal within 60 days of that date.

Accordingly,

IT IS ORDERED THAT:

(1) The United States' motion to dismiss is granted.

(2) Each side shall bear its own costs.

FOR THE COURT

APR 0 5 2011

Date

/s/ Jan Horbaly
Jan Horbaly
Clerk

FILED
U.S. COURT OF APPEALS FOR
THE FEDERAL CIRCUIT
APR 05 2011

JAN HORBALY
CLERK

<!-- PageBreak -->

<!-- PageHeader="ALFORD v. US" -->

3
cc: Carlos A. Alford
Joseph A. Pixley, Esq.
$20

Issued As A Mandate:

APR 0 5 2011