U.S. Court of Appeals for the Federal Circuit, 2023

Lofton v. United States

Lofton v. United States
U.S. Court of Appeals for the Federal Circuit · Decided June 28, 2023

Lofton v. United States

Opinion

Case: 23-1632 Document: 6 Page: 1 Filed: 06/28/2023

NOTE: This order is nonprecedential.

United States Court of Appeals for the Federal Circuit ______________________ SOMONA LOFTON, Plaintiff-Appellant v. UNITED STATES, Defendant-Appellee ______________________ 2023-1632 ______________________ Appeal from the United States Court of Federal Claims in No. 1:21-cv-01348-MBH, Senior Judge Marian Blank Horn. ______________________ PER CURIAM.

ORDER Following this court’s May 9, 2023, order to show cause, we dismiss this appeal as untimely.

On March 16, 2023, Somona Lofton filed her notice of appeal from the final judgment of the United States Court of Federal Claims entered in June 2021. A party must file an appeal within 60 days of the final judgment or order be- ing appealed from the Court of Federal Claims. See 28 U.S.C. §§ 2107, 2522; Fed. R. App. P. 4(a)(1)(B); Fed. Cir. R. 1(a)(1)(C). This time limit is “a jurisdictional Case: 23-1632 Document: 6 Page: 2 Filed: 06/28/2023

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requirement” and “not subject to equitable tolling.”

Marandola v. United States, 518 F.3d 913, 914 (Fed. Cir. 2008) (citation omitted). Here, Ms. Lofton did not appeal within the required 60 days, and thus we lack jurisdiction.

Accordingly, IT IS ORDERED THAT: (1) The appeal is dismissed. (2) Each party shall bear its own costs.

FOR THE COURT June 28, 2023 /s/ Jarrett B. Perlow Date Jarrett B. Perlow Acting Clerk of Court

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