Westine v. United States
Westine v. United States
Opinion of the Court
John G. Westine (“Westine”) appeals from two final decisions of the United States Court of Federal Claims, which dismissed two separate complaints he filed challenging his 1992 criminal conviction and related property forfeiture. Because Westine’s notice of appeal was untimely, we lack jurisdiction over and dismiss Appeal No.2007-5105. Because the Court of Federal Claims correctly concluded that Westine’s second complaint was barred by res judicata, we affirm Appeal No.2007-5119.
Westine was convicted of money laundering and fraud in 1992 and is currently a prisoner at the United States Penitentiary in Victorville, California. On June 22, 2006, Westine filed a complaint with the Court of Federal Claims challenging a portion of his 1992 conviction and requesting the return of certain real and personal property forfeited in connection with that conviction. On January 18, 2007, the Court of Federal Claims dismissed Wes
On March 5, 2007, Westine filed a second complaint with the Court of Federal Claims that requested relief substantially identical to that sought in his first complaint. On April 24, 2007, the Court of Federal Claims dismissed Westine’s second complaint, concluding that res judicata barred Westine from relitigating those claims. On May 30, 2007, Westine filed a timely notice of appeal from that decision.
“Whether this court has jurisdiction over an appeal taken from a district court judgment is a question of law which we address in the first instance.” HIF Bio, Inc. v. Yung Shin Pharms. Indus. Co., 508 F.3d 659, 662 (Fed.Cir. 2007) (quoting Pause Tech. LLC v. TiVo Inc., 401 F.3d 1290, 1292 (Fed.Cir. 2005)). Jurisdiction of the Court of Federal Claims, as well as that court’s application of res judicata, are questions of law that we review without deference. Case, Inc. v. United States, 88 F.3d 1004, 1008 (Fed.Cir. 1996).
We first address our own jurisdiction to review the January 18, 2007 decision of the Court of Federal Claims. The timely filing of a notice of appeal is a jurisdictional requirement. See Bowles v. Russell, 551 U.S. -, 127 S.Ct. 2360, 2366, 168 L.Ed.2d 96 (2007). Westine was required by statute to file a notice of appeal from the decision within sixty days. 28 U.S.C. § 2522; 28 U.S.C. § 2107(b). His notice of appeal, filed on March 27, 2007, is beyond the 60-day deadline and is therefore untimely. Westine argues, however, that he filed a Rule 59(e) motion
In the second decision on appeal, the Court of Federal Claims concluded that res judicata barred Westine’s second complaint. “A final judgment on the merits of an action precludes the parties or their privies from relitigating issues that were or could have been raised in that action.” Federated Dep’t Stores, Inc. v. Moitie, 452 U.S. 394, 398, 101 S.Ct. 2424, 69 L.Ed.2d 103 (1981). As previously noted, the claims raised in Westine’s second complaint are substantially identical to
For the foregoing reasons, we dismiss Appeal No.2007-5105 and affirm Appeal No.2007-5119.
COSTS
No costs.
. It is unclear what Westine actually filed, because the Court of Federal Claims ordered the submission be returned due to numerous procedural deficiencies. See Westine v. United States, No. 06-CV-562C, slip op. (Fed.Cl. Feb. 23, 2007). We therefore presume for the sake of these appeals that Westine’s characterization of the submission is accurate.
. Were we to reach the merits of Westine’s first appeal, we would easily affirm. The Court of Federal Claims is a court of limited civil jurisdiction, and it “does not have jurisdiction to review the decisions of district courts ...Joshua v. United States, 17 F.3d 378, 380 (Fed.Cir. 1994) (order).
Reference
- Full Case Name
- John G. WESTINE v. UNITED STATES
- Cited By
- 1 case
- Status
- Published