Basavaraj Hooli v. United States

N OTE: This order is nonprecedential.
United States Court of Appeals
for the Federal Circuit
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BASAVARAJ HOOLI,
Plaintiff-Appellant
v.
UNITED STATES,
Defendant-Appellee
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2024-1933
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Appeal from the United States Court of Federal Claims
in No. 1:23-cv-00878-RTH, Judge Ryan T. Holte.
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ON MOTION
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Before L OURIE, C UNNINGHAM , and STARK, Circuit Judges.
P ER CURIAM .
O R D E R
On April 2, 2024, the United States Court of Federal
Claims entered judgment dismissing Basavaraj Hooli’s
complaint for lack of jurisdiction. The Court of Federal
Claims received Mr. Hooli’s notice of appeal on June 7,
2024. The United States now moves the court to dismiss
this appeal as untimely or alternatively to summarily
Case: 24-1933 Document: 6 Page: 1 Filed: 08/20/2024

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HOOLI v. US 2
affirm the Court of Federal Claims’s judgment. Mr. Hooli
has not responded.
To be timely, a notice of appeal must be received by the
Court of Federal Claims within 60 days of the entry of judg-
ment. See 28 U.S.C. § 2522 (“Review of a decision of the
United States Court of Federal Claims shall be obtained by
filing a notice of appeal . . . within the time . . . prescribed
for appeals to United States courts of appeals from the
United States district courts.”); 28 U.S.C. § 2107(b) (provid-
ing a 60-day deadline for appeals from district courts in
cases involving the United States); Fed. R. App.
P. 4(a)(1)(B); Fed. Cir. R. 1(a)(1)(C). The statutory dead-
line for taking an appeal from the Court of Federal Claims
has been held to be mandatory and jurisdictional, such that
this court would not be permitted to 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). Here, the notice of appeal was
due no later than June 3, 2024. Fed. R. App. P. 26(a)(1)(C).
Because 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 motion is granted to the extent that the appeal
is dismissed.
(2) Each party shall bear its own costs.
August 20, 2024
Date
F OR THE COURT
Case: 24-1933 Document: 6 Page: 2 Filed: 08/20/2024

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