Case: 24-1148 Document: 6 Page: 1 Filed: 02/28/2024

NOTE: This order is nonprecedential.

United States Court of Appeals for the Federal Circuit ______________________

REGINALD NATHANIEL MALLARD, Plaintiff-Appellant

v.

UNITED STATES, Defendant-Appellee ______________________

2024-1148 ______________________

Appeal from the United States Court of Federal Claims in No. 1:23-cv-01504-EMR, Judge Eleni M. Roumel. ______________________

Before MOORE, Chief Judge, TARANTO and CHEN, Circuit Judges. PER CURIAM. ORDER On October 13, 2023, Reginald Nathaniel Mallard filed a notice of appeal at the United States Court of Federal Claims. Because Mr. Mallard’s case was still proceeding before that court, this court directed the parties to show cause why this appeal should not be dismissed for lack of jurisdiction. In response, the United States urges dismis- sal. Mr. Mallard has not responded. Case: 24-1148 Document: 6 Page: 2 Filed: 02/28/2024

2 MALLARD v. US

An appellant must file a notice of appeal that “desig- nates “the judgment” or “appealable order” from “which the appeal is being taken.” Fed R. App. P. 3(c)(1)(B). This re- quirement is “jurisdictional in nature, and [its] satisfaction is a prerequisite to appellate review.” Smith v. Barry, 502 U.S. 244, 248 (1992) (citation omitted). Mr. Mallard’s no- tice of appeal designates an October 11, 2023 order. * How- ever, no order from that date appears on the trial court’s docket. At the time Mr. Mallard filed his appeal, the only orders listed on the docket were (1) an order accepting Mr. Mallard’s non-compliant document and (2) an order grant- ing Mr. Mallard leave to proceed in forma pauperis. Mr. Mallard’s notice of appeal does not indicate any intent to seek review of those favorable decisions. The Court of Federal Claims later entered final judg- ment on November 17, 2023, but the notice of appeal was filed before that date and likewise cannot be understood as intending to seek review of that judgment. As Mr. Mallard was specifically informed in the show cause order, if he wished to appeal from the final judgment in his case, he needed to timely file a new notice of appeal or amend his existing notice of appeal. See Fed. R. App. P. 4(a)(4)(B)(ii). Because he did neither, the final judgment is not properly before this court. Since Mr. Mallard’s notice of appeal fails to identify any appealable order, we dismiss. Accordingly, IT IS ORDERED THAT: (1) The appeal is dismissed.

* Mr. Mallard’s notice of appeal also identifies eleven “Points of Appeal,” but there is no apparent connection be- tween those points and any of the orders issued by the trial court. ECF No. 1-2 at 2–3. Case: 24-1148 Document: 6 Page: 3 Filed: 02/28/2024

MALLARD v. US 3

(2) Each party shall bear its own costs. FOR THE COURT

February 28, 2024 Date