Ramos v. United States
Ramos v. United States
Opinion
Case: 13-5145 Document: 8 Page: 1 Filed: 07/24/2014
NOTE: This order is nonprecedential.
United States Court of Appeals for the Federal Circuit ______________________
JULIO A. RAMOS, Plaintiff-Appellant,
v.
UNITED STATES, Defendant-Appellee. ______________________
2013-5145 ______________________
Appeal from the United States Court of Federal Claims in No. 12-CV-0859, Judge Lynn J. Bush. ______________________
ON MOTION ______________________
PER CURIAM. ORDER In a document received by the court on June 23, 2014, Julio A. Ramos moves the court to recall the mandate issued in this appeal. This appeal was dismissed on October 28, 2013 for failure to pay the docketing fee required by Federal Circuit Rule 52(a)(1) and failure to file the brief required by Federal Circuit Rule 31(a). The mandate issued on the same day. Ramos's petition for Case: 13-5145 Document: 8 Page: 2 Filed: 07/24/2014
2 RAMOS v. US
rehearing, received on January 8, 2014, was previously rejected as untimely. Ramos asserts he was held in confinement in a special housing unit without access to legal materials from Sep- tember through December of 2013. Much time has passed following the asserted confinement in special housing. Ramos has not proffered a brief or paid the fee or moved for leave to proceed in forma pauperis, and the failure to provide these items was the ground for dismissal of the appeal. Ramos has failed to demonstrate any extraordi- nary circumstances that warrant recalling the mandate at this late date. Calderon v. Thompson, 523 U.S. 538, 550 (1998). Accordingly, IT IS ORDERED THAT: The motion to recall the mandate is denied. Further submissions will be reviewed and, if they relate to the same matter, will be noted as received on the docket without further response. FOR THE COURT
/s/ Daniel E. O’Toole Daniel E. O’Toole Clerk of Court
s26
Reference
- Status
- Unpublished