Enamul Haqe Chowdhury v. United States

NOTE: This order is nonprecedential.
United States Court of Appeals
for the Federal Circuit
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ENAMUL HAQE CHOWDHURY,
Plaintiff-Appellant
v.
UNITED STATES,
Defendant-Appellee
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2025-1918
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Appeal from the United States Court of Federal Claims
in No. 1:24-cv-01544-AOB, Judge Armando O. Bonilla.
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ON MOTION
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Before LOURIE, PROST, and CHEN, Circuit Judges.
PER CURIAM.
O R D E R
In response to this court’s August 7, 2025 order direct-
ing the parties to show cause, the United States argues the
case should be dismissed as untimely. Enamul Haqe
Chowdhury submits his opening brief, in which he urges
the court to apply “equitable tolling.” ECF No. 7 at 3. He
separately moves for leave to proceed in forma pauperis.
Case: 25-1918 Document: 11 Page: 1 Filed: 09/26/2025

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CHOWDHURY v. US 2
On October 2, 2024, the United States Court of Federal
Claims entered judgment dismissing Mr. Chowdhury’s
complaint. The Court of Federal Claims received Mr.
Chowdhury’s notice of appeal on July 3, 2025, 274 days af-
ter entry of judgment.
The timely filing of a notice of appeal from a final judg-
ment of 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. Chowdhury had 60 days to
file his notice of appeal from the Court of Federal Claims’s
judgment, 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 the final judgment and
must dismiss.
Accordingly,
IT IS ORDERED THAT:
(1) The appeal is dismissed.
(2) All pending motions are denied.
(3) Each party shall bear its own costs.
September 26, 2025
Date
FOR THE COURT
Case: 25-1918 Document: 11 Page: 2 Filed: 09/26/2025

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