Anthony-Vincent Cartman v. United States

N OTE: This order is nonprecedential.
United States Court of Appeals
for the Federal Circuit
______________________
ANTHONY-VINCENT CARTMAN,
Plaintiff-Appellant
v.
UNITED STATES,
Defendant-Appellee
______________________
2024-1867
______________________
Appeal from the United States Court of Federal Claims
in No. 1:23-cv-00809-KCD, Judge Kathryn C. Davis.
______________________
Before D YK, REYNA, and CHEN, Circuit Judges.
P ER CURIAM .
O R D E R
In response to this court’s July 9, 2024 show cause or-
der, the United States urges dismissal of this appeal as un-
timely. Anthony-Vincent Cartman has not responded.
The United States Court of Federal Claims entered
judgment dismissing Mr. Cartman’s complaint for lack of
subject matter jurisdiction on December 15, 2023. The
Court of Federal Claims denied Mr. Cartman’s motion for
reconsideration on February 13, 2024. Mr. Cartman’s
Case: 24-1867 Document: 11 Page: 1 Filed: 09/16/2024

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CARTMAN v. US 2
notice of appeal was filed on May 3, 2024, 80 days after de-
nial of his motion for reconsideration.
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), (a)(4)(A); Fed. Cir. R. 1(a)(1)(C). The statutory
deadline is mandatory and jurisdictional, such that we may
not excuse 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). Be-
cause the notice of appeal was not received within that
time, we lack jurisdiction and must dismiss.
Accordingly,
I T I S O RDERED T HAT :
(1) The appeal is dismissed.
(2) All pending motions are denied.
(3) Each party shall bear its own costs.
September 16, 2024
Date
F OR THE COURT
Case: 24-1867 Document: 11 Page: 2 Filed: 09/16/2024

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