Case: 23-1468 Document: 8 Page: 1 Filed: 05/09/2023

NOTE: This order is nonprecedential.

United States Court of Appeals for the Federal Circuit ______________________ MELVIN JOSEPH SIMMONS, Plaintiff-Appellant v. UNITED STATES, Defendant-Appellee ______________________ 2023-1468 ______________________ Appeal from the United States Court of Federal Claims in No. 1:21-cv-02271-EHM, Judge Edward H. Meyers. ______________________ ORDER The appellant having failed to pay the docketing fee required by Federal Circuit Rule 52(a)(1) and to file the brief required by Federal Circuit Rule 31(a) within the time permitted, it is Case: 23-1468 Document: 8 Page: 2 Filed: 05/09/2023

2 SIMMONS V. US

ORDERED that the notice of appeal be, and the same hereby is, DISMISSED, for failure to prosecute in accordance with the rules.

FOR THE COURT May 9, 2023 Date /s/ Peter R. Marksteiner Peter R. Marksteiner Clerk of Court

ISSUED AS A MANDATE: May 9, 2023