Dubose v. United States

U.S. Court of Appeals for the Federal Circuit

Dubose v. United States

Opinion

Case: 24-1486 Document: 9 Page: 1 Filed: 05/20/2024

NOTE: This order is nonprecedential.

United States Court of Appeals for the Federal Circuit ______________________

ZUMAR H. DUBOSE, Plaintiff-Appellant

v.

UNITED STATES, Defendant-Appellee ______________________

2024-1486 ______________________

Appeal from the United States District Court for the Eastern District of Pennsylvania in No. 2:23-cv-02107- NIQA, Judge Nitza I. Quiones Alejandro. -------------------------------------------------

ZUMAR H. DUBOSE, Plaintiff-Appellant

v.

UNITED STATES, Defendant-Appellee ______________________

2024-1554 ______________________ Case: 24-1486 Document: 9 Page: 2 Filed: 05/20/2024

2 DUBOSE v. US

Appeal from the United States District Court for the Eastern District of Pennsylvania in No. 2:23-cv-02107- NIQA, Judge Nitza I. Quiones Alejandro. ______________________

ON MOTION ______________________

PER CURIAM. ORDER Responding to this court’s March 26, 2024 show cause order, Zumar H. DuBose moves to transfer the above-cap- tioned appeals. The United States has not responded. On August 4, 2023, the district court dismissed Mr. DuBose’s case, and the district court’s docket identifies January 23, 2024, as the filing date of Mr. DuBose’s earli- est notice of appeal from the dismissal. “[T]he timely filing of a notice of appeal in a civil case is a jurisdictional requirement,” Bowles v. Russell, 551 U.S. 205, 214 (2007), and, in order to be timely, a notice of ap- peal in cases involving the United States must generally be filed within 60 days after entry of final judgment, 28 U.S.C. § 2107(b); Fed. R. App. P. 4. Here, Mr. DuBose’s notices of appeal were received by the district court more than 60 days after entry of judgment without any showing that the notices are entitled to an earlier filing date. See Fed. R. App. P. 25(a)(2)(A)(iii). Thus, this court, and any other court of appeals, lacks jurisdiction over Mr. DuBose’s above-captioned appeals such that they must be dismissed. Accordingly, Case: 24-1486 Document: 9 Page: 3 Filed: 05/20/2024

DUBOSE v. US 3

IT IS ORDERED THAT: (1) The appeals are dismissed. (2) All pending motions are denied. (3) Each party shall bear its own costs. FOR THE COURT

May 20, 2024 Date

Reference

Status
Unpublished