Jarrell D. Curne v. United States

N OTE: This order is nonprecedential.
United States Court of Appeals
for the Federal Circuit
______________________
JARRELL D. CURNE,
Plaintiff-Appellant
v.
UNITED STATES,
Defendant-Appellee
______________________
2024-2360
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Appeal from the United States Court of Federal Claims
in No. 1:23-cv-01031-PSH, Judge Philip S. Hadji.
______________________
ON MOTION
______________________
Before L OURIE, M AYER, and HUGHES , Circuit Judges.
P ER CURIAM .
O R D E R
In response to this court’s November 19, 2024 order di-
recting the parties to show cause as this appeal appeared
to be untimely, the United States argues the case should
be dismissed for lack of jurisdiction. Jarrell D. Curne has
not filed a response.
Case: 24-2360 Document: 6 Page: 1 Filed: 01/29/2025

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CURNE v. US 2
In February 2024, the United States Court of Federal
Claims entered final judgment against Mr. Curne, and, on
July 18, 2024, that court denied Mr. Curne’s motions for
relief from judgment. On September 20, 2024, the Court of
Federal Claims received Mr. Curne’s notice of appeal.1
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. Curne had 60 days to file his
notice of appeal from the Court of Federal Claims’s deci-
sions, 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. Curne’s post-judgment motions.
Accordingly,
1 In its motion for summary affirmance filed before
this court’s show cause order, the United States stated that
the notice of appeal was filed on September 5, 2024, ECF
No. 3 at 4 (citing ECF No. 1-2 at 1), but in its response to
the show cause order the United States asserts the notice
of appeal was not filed until September 20, 2024, ECF No. 5
at 2, the received date stamped on the notice of appeal by
the trial court, ECF No. 1-2 at 1. Mr. Curne has not pro-
vided any information in support of an earlier filing date.
Case: 24-2360 Document: 6 Page: 2 Filed: 01/29/2025

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CURNE v. US 3
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.
January 29, 2025
Date
F OR THE COURT
Case: 24-2360 Document: 6 Page: 3 Filed: 01/29/2025

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