Medtek, Inc. v. Eric K. Shinseki, Secretary of Veterans Affairs

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# United States Court of Appeals for the Federal Circuit

MEDTEK, INC.,
Appellant,
V.
ERIC K. SHINSEKI, SECRETARY OF VETERANS
AFFAIRS,
Appellee.

2010-1506

Appeal from the Civilian Board of Contract Appeals in
no. 1544, Administrative Judge Stephen M. Daniels

## ON MOTION

Before GAJARSA, SCHALL, and MOORE, Circuit Judges.
PER CURIAM

## ORDER

The court treats Medtek, Inc.'s (Medtek) letter, re-
ceived by the court on August 30, 2010, as a motion for
reconsideration of the court's previous rejection of Med-

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tek's appeal as untimely. Medtek also moves for an
extension of time.

Medtek appeals from a February 4, 2010 decision of
the Civilian Board of Contract Appeals. Medtek indicates
that it received the decision on February 4, 2010. Medtek
filed this appeal on August 10, 2010, or 187 days later.

A Civilian Board of Contract Appeals decision is final
unless a contractor appeals to this court within 120 days
after its receipt of the decision. 41 U.S.C. § 607(g)(1).
This filing period is mandatory and jurisdictional. Place-
way Const. Corp. v. United States, 713 F.2d 726, 728 (Fed.
Cir. 1983); see also Bowles v. Russell, 551 U.S. 205 (2007)
(the timely filing of a notice of appeal in a civil case is a
jurisdictional requirement that cannot be waived). Med-
tek's appeal was not filed within 120 days. We must
therefore dismiss this appeal as untimely.

Accordingly,

IT IS ORDERED THAT:

(1) Medtek's motion for reconsideration is denied.
The appeal is dismissed.

(2) Medtek's motion for an extension of time is denied
as moot.

FOR THE COURT

NOV 1 5 2010

Date

/s/ Jan Horbaly
Jan Horbaly
Clerk

cc: Carlos Truffin
Scott A. Macgriff, Esq.
$20

FILED
U.S. COURT OF APPEALS FOR
THE FEDERAL CIRCUIT
NOV 15 2010

JAN HORBALY
CLERK